Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.10 - Prescription Guidelines' Controlled Substances

Current through June 25, 2024
It is the responsibility of the licensee to determine the
				  type, dosage, form, frequency of application and number of refills of any
				  controlled substances prescribed to a patient. The following requirements apply
				  to all prescriptions for controlled substances written by a licensee with
				  controlled substance prescriptive authority:
A. All prescriptions for controlled
				substances must be written in strict compliance with Mississippi Code, Sections
				41-29-101
				through
				41-29-311
				and Title 21 of U.S. Code of Federal Regulations, Part 1306.
B. On all prescriptions of controlled
				substances wherein refills are permitted, licensees must indicate the
				appropriate refills, not to exceed five (5), or mark "none."
C. Each licensee must insure that the
				complete name and address of the patient to whom the licensee is prescribing
				the controlled substance appears on the prescription.
D. A licensee must not permit any
				prescription for controlled substances to be signed by anyone in the place of
				or on behalf of the licensee.
E. A
				licensee must not pre-sign prescription pads or order forms.
F. A licensee must not utilize prescription
				pads or order forms upon which the signature of the licensee has been affixed
				by any means other than manual signature. This prohibition includes the
				e-mailing of any controlled substance prescription. A hard copy prescription
				generated from an electronic prescription system must contain a manual
				signature unless:
(i) the prescription is
				printed on security paper that ensures it is not subject to copying or
				alteration, and
(ii) an electronic
				or digital signature is affixed. Electronic transmission of Schedule III-V
				controlled substance prescription information is limited to computer to
				facsimile (fax) transmissions or traditional fax to fax transmissions.
				Electronic transmission of Schedule II controlled substance prescription
				information is permitted under limited circumstances. Requirements for fax
				prescription orders and systems utilized for faxing prescriptions are as
				follows:
1. The prescription order must
				contain the date, time, telephone number and location of the transmitting
				device. Prescription blanks utilized in this manner must bear a preprinted
				heading that indicates the blank is a "Fax Prescription Form." Fax prescription
				orders must contain a manual or authenticated electronic/digital signature of
				the prescriber. Only Schedule II narcotic substances that are to be prepared or
				compounded for the direct administration to a patient by parenteral,
				intravenous, intramuscular, subcutaneous or intra spinal infusion may be
				transmitted by the licensee or the licensee's agent to a pharmacy of the
				patient's choice by facsimile. All original hardcopy faxed prescriptions must
				immediately be voided after successfully completing the fax transmission by
				writing across the face of the prescription from corner to corner the notation
				"faxed." The original prescription (or copy) must be retained in the licensee's
				patient file with additional information included on the back of the
				prescription as to the date it was faxed, the name or initials of the person
				faxing the prescription and the name/location of the pharmacy receiving the fax
				transmission.
In addition to filing the original prescription (or copy) in
				  the patient file, a perpetual, chronological logbook of fax transactions must
				  be established and maintained. Such a logbook would serve to protect the
				  prescribing licensee in the event the original prescription is somehow lost or
				  misfiled. The information contained in such a logbook must include the
				  patient's name and address, date of issuance, name, strength and quantity of
				  the drug prescribed and the name and fax number of the receiving pharmacy and a
				  personal identifier of the person faxing the prescription. Such logs must be
				  maintained in the licensee's clinic in a readily retrievable manner, and kept
				  for at least seven (7) years after the original record is established. The
				  requirements set forth in this rule are in addition to documentation required
				  in Part 2640, Rule
				  1.4.
2. When prescribing any controlled substance
				for a resident of a Long-term Care Facility (LTCF)(as defined in Section
				1301.01(25), Code of Federal Regulations), such prescription may be transmitted
				by the licensee or the licensee's agent to the dispensing pharmacy by
				facsimile. The licensee or the licensee's agent must note on the prescription
				that the patient is a resident of a LTCF. The original prescription (or copy)
				and fax transaction log will be prepared and maintained in the same manner as
				described in Part 2640, Rule 1.10.F.1.
3. When prescribing any controlled substance
				for a patient residing in a hospice certified by Medicare under Title XVIII or
				licensed by the state, such prescription may be transmitted by the licensee or
				the licensee's agent to the dispensing pharmacy by facsimile. The licensee or
				the licensee's agent must note on the prescription that the patient is a
				hospice patient. The original prescription (or copy) and fax transmission log
				will be maintained in the same manner as described in Part 2640, Rule 1.10.F.1.