Missouri Revised Statutes

Mo. Rev. Stat. § 338.260 (2026)

Business name not to include certain words unless supervised by pharmacist

✓ current as of May 2026
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  338.260.  Business name not to include certain words unless supervised by pharmacist — historical names permitted — board of pharmacy may enforce — remote dispensing site pharmacy, physical presence of pharmacist not required, when. — 1.  No person shall carry on, conduct or transact a business under a name which contains as part of the name the words "pharmacist", "pharmacy", "apothecary", "apothecary shop", "chemist shop", "drug store", "druggist", "drugs", "consultant pharmacist", or any word of similar or like import, unless the place of business is supervised by a licensed pharmacist.

  2.  Nothing in this chapter shall be construed to prevent any person from using a historical name in reference to any building, structure, or business so long as the person is not engaged in the practice of pharmacy as defined in section 338.010.

  3.  Notwithstanding the provisions of subsection 2 of this section, the board of pharmacy shall retain authority to enforce the provisions of subsection 1 of this section against any person offering for sale any naturopathic or homeopathic service or any herbal, nutritional, vitamin, dietary, mineral, or other supplement intended for human application, absorption, or consumption.

  4.  Supervision of a licensed remote dispensing site pharmacy shall not require a pharmacist to be physically present at the remote dispensing site pharmacy location, provided that dispensing activities are supervised by a supervising pharmacist located at a Missouri-licensed supervising pharmacy through the use of a continuous real-time audio and video link.

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(L. 1951 p. 737 § 338.170, A.L. 1990 H.B. 1287, A.L. 2009 S.B. 394, A.L. 2020 H.B. 1682)

Notes of Decisions
Cited in 2 cases, 1968–1987 · leading case: Missouri Hosp. Ass'n v. Missouri Dep't of Consum. Affairs, Reg. & Licensing, 731 S.W.2d 262 (Mo. Ct. App. 1987).
Missouri Hosp. Ass'n v. Missouri Dep't of Consum. Affairs, Reg. & Licensing, 731 S.W.2d 262 (Mo. Ct. App. 1987). · cites it 4× “1 Partieularly, § 338.260 RSMo 1986, regulates what business name may be used to transact pharmaceutical business and specifically refers to a retail business.”
Duensing v. Huscher, 431 S.W.2d 169 (Mo. 1968). · cites it 3× “Robert Best, that Edward Huscher filled the prescription and, in doing so, violated Section 338.260, RSMo 1959, V.A.M.S. Defendants claim that Edward Huscher did not violate any law in delivering aspirin suppositories and that he “delivered or intended to deliver aspirin 2-grain…”
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