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Current as of January 01, 2025 | Updated by Findlaw Staff
1. Prior to prescribing any drug, controlled substance, or other treatment through telemedicine, as defined in section 191.1145, or the internet, a physician shall establish a valid physician-patient relationship as described in section 191.1146. This relationship shall include:
(1) Obtaining a reliable medical history and performing a physical examination of the patient, adequate to establish the diagnosis for which the drug is being prescribed and to identify underlying conditions or contraindications to the treatment recommended or provided;
(2) Having sufficient dialogue with the patient regarding treatment options and the risks and benefits of treatment or treatments;
(3) If appropriate, following up with the patient to assess the therapeutic outcome;
(4) Maintaining a contemporaneous medical record that is readily available to the patient and, subject to the patient's consent, to the patient's other health care professionals; and
(5) Maintaining the electronic prescription information as part of the patient's medical record.
2. The requirements of subsection 1 of this section may be satisfied by the prescribing physician's designee when treatment is provided in:
(1) A hospital as defined in section 197.020;
(2) A hospice program as defined in section 197.250;
(3) Home health services provided by a home health agency as defined in section 197.400;
(4) Accordance with a collaborative practice agreement as defined in section 334.104;
(5) Conjunction with a physician assistant licensed pursuant to section 334.738;
(6) Conjunction with an assistant physician licensed under section 334.036;
(7) Consultation with another physician who has an ongoing physician-patient relationship with the patient, and who has agreed to supervise the patient's treatment, including use of any prescribed medications; or
(8) On-call or cross-coverage situations.
3. No health care provider, as defined in section 376.1350, shall prescribe any drug, controlled substance, or other treatment to a patient based solely on an evaluation over the telephone; except that, a physician or such physician's on-call designee, or an advanced practice registered nurse, a physician assistant, or an assistant physician in a collaborative practice arrangement with such physician, may prescribe any drug, controlled substance, or other treatment that is within his or her scope of practice to a patient based solely on a telephone evaluation if a previously established and ongoing physician-patient relationship exists between such physician and the patient being treated.
4. No health care provider shall prescribe any drug, controlled substance, or other treatment to a patient based solely on an internet request or an internet questionnaire.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXII. Occupations and Professions § 334.108. Telemedicine or internet prescriptions and treatment, establishment of physician-patient relationship required - last updated January 01, 2025 | https://codes.findlaw.com/mo/title-xxii-occupations-and-professions/mo-rev-st-334-108/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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