Missouri 2025 Regular Session

Missouri Senate Bill SB17 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 17
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR MAY.
6	6	0105S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 195.080, RSMo, and to enact in lieu thereof one new section relating to opioid
9	9	prescriptions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 195.080, RSMo, is repealed and one ne w 1
13	13	section enacted in lieu thereof, to be known as section 195.080, 2
14	14	to read as follows:3
15	15	195.080. 1. Except as otherwise provided in this 1
16	16	chapter and chapter 579, this chapter and chapter 579 shall 2
17	17	not apply to the following cases: prescribing, 3
18	18	administering, dispensing or selling at retail of liniments, 4
19	19	ointments, and other preparations that are susceptible of 5
20	20	external use only and that contain controlled substances in 6
21	21	such combinations of drugs as to prevent the drugs from 7
22	22	being readily extracted from such liniments, ointments, or 8
23	23	preparations, except that this chapter and chapter 579 shall 9
24	24	apply to all liniments, ointments, and other preparations 10
25	25	that contain coca leaves in any quantity or combination. 11
26	26	2. Unless otherwise provided i n sections 334.037, 12
27	27	334.104, and 334.747, a practitioner, other than a 13
28	28	veterinarian, shall not issue an initial prescription for 14
29	29	more than a seven-day supply of any opioid controlled 15
30	30	substance upon the initial consultation and treatment of a 16
31	31	patient for acute pain. Upon any subsequent consultation 17
32	32	for the same pain, the practitioner may issue any 18 SB 17 2
33	33	appropriate renewal, refill, or new prescription in 19
34	34	compliance with the general provisions of this chapter and 20
35	35	chapter 579. Prior to issuing an initial prescription for 21
36	36	an opioid controlled substance, a practitioner shall consult 22
37	37	with the patient regarding the quantity of the opioid and 23
38	38	the patient's option to fill the prescription in a lesser 24
39	39	quantity and shall inform the patient of the risks 25
40	40	associated with the opioid prescribed. If, in the 26
41	41	professional medical judgment of the practitioner, more than 27
42	42	a seven-day supply is required to treat the patient's acute 28
43	43	pain, the practitioner may issue a prescription for the 29
44	44	quantity needed to treat the p atient; provided, that the 30
45	45	practitioner shall document in the patient's medical record 31
46	46	the condition triggering the necessity for more than a seven - 32
47	47	day supply and that a nonopioid alternative was not 33
48	48	appropriate to address the patient's condition. The 34
49	49	provisions of this subsection shall not apply to 35
50	50	prescriptions for opioid controlled substances for a patient 36
51	51	who is currently undergoing treatment for cancer or sickle 37
52	52	cell disease, is receiving hospice care from a hospice 38
53	53	certified under chapter 19 7 or palliative care, is a 39
54	54	resident of a long-term care facility licensed under chapter 40
55	55	198, or is receiving treatment for substance abuse or opioid 41
56	56	dependence. 42
57	57	3. A pharmacist or pharmacy shall not be subject to 43
58	58	disciplinary action or other civi l or criminal liability for 44
59	59	dispensing or refusing to dispense medication in good faith 45
60	60	pursuant to an otherwise valid prescription that exceeds the 46
61	61	prescribing limits established by subsection 2 of this 47
62	62	section. 48
63	63	4. Unless otherwise provided in t his section, the 49
64	64	quantity of Schedule II controlled substances prescribed or 50 SB 17 3
65	65	dispensed at any one time shall be limited to a thirty -day 51
66	66	supply. The quantity of Schedule III, IV or V controlled 52
67	67	substances prescribed or dispensed at any one time shall b e 53
68	68	limited to a ninety-day supply and shall be prescribed and 54
69	69	dispensed in compliance with the general provisions of this 55
70	70	chapter and chapter 579. The supply limitations provided in 56
71	71	this subsection may be increased up to three months if the 57
72	72	physician describes on the prescription form or indicates 58
73	73	via telephone, fax, or electronic communication to the 59
74	74	pharmacy to be entered on or attached to the prescription 60
75	75	form the medical reason for requiring the larger supply. 61
76	76	The supply limitations provided i n this subsection shall not 62
77	77	apply if: 63
78	78	(1) The prescription is issued by a practitioner 64
79	79	located in another state according to and in compliance with 65
80	80	the applicable laws of that state and the United States and 66
81	81	dispensed to a patient located in anot her state; or 67
82	82	(2) The prescription is dispensed directly to a member 68
83	83	of the United States Armed Forces serving outside the United 69
84	84	States. 70
85	85	5. The partial filling of a prescription for a 71
86	86	Schedule II substance is permissible as defined by 72
87	87	regulation by the department of health and senior services. 73
88	88	6. (1) Prior to issuing an initial prescription for a 74
89	89	Schedule II controlled substance or any other opioid pain 75
90	90	reliever in a course of treatment for acute or chronic pain 76
91	91	and prior to issuing a third prescription of the same in the 77
92	92	same course of treatment, a practitioner shall discuss with 78
93	93	the patient, or the patient's parent or guardian if the 79
94	94	patient is under eighteen years of age and is not 80
95	95	emancipated, the risks associated with the drugs being 81
96	96	prescribed, including, but not limited to, the following: 82 SB 17 4
97	97	(a) The risks of addiction and overdose associated 83
98	98	with opioid drugs and the dangers of taking opioid drugs 84
99	99	with alcohol, benzodiazepines, and other central nervous 85
100	100	system depressants; 86
101	101	(b) The reasons why the prescription is necessary; 87
102	102	(c) Alternative treatments that may be available; and 88
103	103	(d) The risks associated with the use of the drugs 89
104	104	prescribed, specifically that opioids are highly addictive, 90
105	105	even when taken as prescribed; that there is a risk of 91
106	106	developing a physical or psychological dependence on the 92
107	107	controlled substance; and that the risks of taking more 93
108	108	opioids than prescribed, or mixing sedatives, 94
109	109	benzodiazepines, or alcohol with opioids, may res ult in 95
110	110	fatal respiratory depression. 96
111	111	(2) The practitioner shall include a note in the 97
112	112	patient's medical record that the patient or the patient's 98
113	113	parent or guardian has discussed with the practitioner the 99
114	114	risks of developing a physical or psycholo gical dependence 100
115	115	on the controlled substance and alternative treatments that 101
116	116	may be available. The consultation described in this 102
117	117	subsection shall satisfy the consultation requirements of 103
118	118	subsection 2 of this section for initial prescriptions for 104
119	119	more than a seven-day supply of any opioid controlled 105
120	120	substance. 106
121	121	(3) The provisions of this subsection shall not apply 107
122	122	to a prescription for a patient who is in active treatment 108
123	123	for cancer, receiving hospice care from a hospice certified 109
124	124	under chapter 197 or palliative care, is a resident of a 110
125	125	long-term care facility licensed under chapter 198, or is 111
126	126	receiving treatment for substance abuse or opioid dependence. 112
127	127	