reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 1 - Organization and Operation of the Board › Rule 30-3002-1.2 - Qualifications of Board Members

Current through June 25, 2024
To be qualified to be a member of the Board, a person
				  shall:
A. Be an adult citizen of
				Mississippi for a period of at least five (5) years preceding his appointment
				to the Board;
B. Be a pharmacist
				licensed and in good standing to practice pharmacy in the State of Mississippi;
				and
C. Have actively engaged in
				the practice of pharmacy in Mississippi for a period of at least five (5)
				years.
The Governor may remove any or all members of the Board on
				  proof of unprofessional conduct, continued absence from the state, or for
				  failure to perform the duties of his office. Any member who shall not attend
				  two (2) consecutive meetings of the Board for any reason other than illness of
				  such member shall be subject to removal by the Governor. The president of the
				  Board shall notify the Governor in writing when any such member has failed to
				  attend two (2) consecutive regular meetings. No removal shall be made without
				  first giving the accused an opportunity to be heard in refutation of the
				  charges made against him, and he shall be entitled to receive a copy of the
				  charges at the time of filing.
Miss. Code Ann. §
										73-21-75.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 1 - Organization and Operation of the Board › Rule 30-3002-1.3 - Oath, Meetings and Compensation of Board Members

Current through June 25, 2024
A. Each person appointed as a member of the
				Board shall qualify by taking the oath prescribed by the Constitution for the
				state officers, and shall file certificate thereof in the office of the
				Secretary of State within fifteen (15) days after his appointment.
B. There shall be a president of the Board
				and such other officers as deemed necessary by the Board elected by and from
				its membership.
C. The Board shall
				meet at least once each quarter to transact business, and may meet at such
				additional times as it may deem necessary. Such additional meetings may be
				called by the president of the Board or a majority of the members of the Board.
D. The place for each meeting
				shall be determined prior to giving notice of such meeting and shall not be
				changed after such notice is given without adequate subsequent notice.
E. A majority of the members of
				the Board shall constitute a quorum for the conduct of the meeting and all
				actions of the Board shall be by a majority of the members present.
F. Each member of the Board shall receive a
				per diem as provided in Mississippi Code Section
				25-3-69,
				not to exceed thirty (30) days in any one (1) period of twelve (12) months, for
				each day actually engaged in meetings of the Board, together with necessary
				traveling and other expenses as provided in Mississippi Code Section
				25-3-41.
Miss. Code Ann. §
										73-21-77.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 1 - Organization and Operation of the Board › Rule 30-3002-1.4 - Executive Director and Additional Employees

Current through June 25, 2024
A. The
				Board shall employ an executive director of the Board. The executive director
				shall be a citizen of Mississippi and a pharmacist licensed and in good
				standing to practice pharmacy in the State of Mississippi, who has had five (5)
				years' experience as a pharmacist.
B. The executive director shall receive a
				salary to be set by the Board, subject to the approval of the State Personnel
				Board, and shall be entitled to necessary expenses incurred in the performance
				of his official duties. He shall devote full time to the duties of his office
				and shall not be engaged in any other business that will interfere with the
				duties of his office.
C. The
				duties and responsibilities of the executive director shall be defined by rules
				and regulations prescribed by the Board.
D. The Board may, in its discretion, employ
				persons in addition to the executive director in such other positions or
				capacities as it deems necessary to the proper conduct of Board business. Any
				pharmacist-investigator employed by the Board may have other part-time
				employment, provided that he shall not accept any employment that would cause a
				conflict of interest in his pharmacist-investigator duties. The Board may
				employ legal counsel to assist in the conduct of its business.
Miss. Code Ann. §
										73-21-79.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 1 - Organization and Operation of the Board › Rule 30-3002-1.5 - General Powers and Duties of the Board

Current through June 25, 2024
The responsibility for the enforcement of the provisions of
				  the Mississippi Pharmacy Practice Act shall be vested in the Board. The Board
				  shall have all of the duties, powers and authority specifically granted by and
				  necessary to the enforcement of the Mississippi Pharmacy Practice Act. The
				  Board may make, adopt, amend and repeal such rules and regulations as may be
				  deemed necessary by the Board from time to time for the proper administration
				  and enforcement of the Mississippi Pharmacy Practice Act, in accordance with
				  the provisions of the Mississippi Administrative Procedures Law.
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 1 - Organization and Operation of the Board › Rule 30-3002-1.6 - Regulation of the Practice of Pharmacy

Current through June 25, 2024
A. The Board shall
				be responsible for the control and regulation of the practice of pharmacy, to
				include the regulation of pharmacy externs or interns and pharmacist
				technicians in this state, the regulation of the wholesaler distribution of
				drugs and devices as defined in Mississippi Code Section
				73-21-73,
				and the distribution of sample drugs or devices by manufacturer's distributors
				as defined in Mississippi Code Section
				73-21-73
				by persons other than the original manufacturer or distributor in this state.
B. A license for the practice of
				pharmacy shall be obtained by all persons prior to their engaging in the
				practice of pharmacy. However, the provisions of the Pharmacy Practice Act
				shall not apply to physicians, dentists, veterinarians, osteopaths or other
				practitioners of the healing arts who are licensed under the laws of the State
				of Mississippi and are authorized to dispense and administer prescription drugs
				in the course of their professional practice.
C. The initial licensure fee shall be set by
				the Board but shall not exceed Two Hundred Dollars ($200.00).
D. All students actively enrolled in a
				professional school of pharmacy accredited by the American Council on
				Pharmaceutical Education who are making satisfactory progress toward graduation
				and who act as an extern or intern under the direct supervision of a pharmacist
				in a location permitted by the Board of Pharmacy must obtain a pharmacy student
				registration prior to engaging in said activity. The student registration fee
				shall be set by the Board but shall not exceed One Hundred Dollars ($100.00).
E. All persons licensed to
				practice pharmacy prior to July 1, 1991, by the State Board of Pharmacy under
				Mississippi Code Section
				73-21-89
				shall continue to be licensed under the provisions of Mississippi Code Section
				73-21-91.
Miss. Code Ann. §
										73-21-83.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 1 - Organization and Operation of the Board › Rule 30-3002-1.7 - Public Information

Current through June 25, 2024
The public may obtain information regarding operations and
				  responsibilities of the Mississippi Board of Pharmacy, the Pharmacy Practice
				  Act, Board Regulations and other pertinent information by contacting the Board
				  office at 6360 1-55 North, Suite 400, Jackson, Mississippi 39211-2038, or by
				  phone at 601-605-5388. Additional information is also available on the
				  Mississippi Board of Pharmacy website at
www.mbp.state.ms.us
.
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 2 - Disciplinary Actions › Rule 30-3002-2.1 - Grounds for Disciplinary Actions

Current through June 25, 2024
The Board may refuse to issue or renew, or may suspend,
				  reprimand, revoke or restrict the license, registration or permit or any person
				  upon one or more of the following grounds:
A. Unprofessional conduct. Unprofessional
				conduct shall include, but not be limited to:
1. The publication or circulation of false,
				misleading, or otherwise deceptive statements concerning the practice of
				pharmacy;
2. Attempting to
				circumvent the patient counseling requirements, or discouraging the patient
				from receiving patient counseling concerning their prescription drug orders;
3. The illegal use or disclosure
				of Protected Health Information (PHI) or other confidential patient
				information; failure to maintain adequate records, systems, and security to
				protect against the illegal use or disclosure of PHI or other confidential
				patient information; or failure to maintain adequate records to account for
				disclosures of PHI;
4. Dispensing,
				selling, bartering, receiving or maintaining drugs or devices which is known or
				should have been known to have been stolen or diverted from the purpose for
				which they were distributed by a legitimate source;
5. Engaging in conduct likely to deceive,
				defraud, or harm the public, or demonstrating a willful or careless disregard
				for the health, welfare, or safety of a patient, or engaging in conduct which
				substantially departs from the standards of care ordinarily exercised by a
				pharmacist, with proof of actual injury not having to be established;
6. Selling a drug for which a
				prescription drug order from a practitioner is required, without having
				received a prescription drug order for the drug;
7. Failing to maintain complete and accurate
				records of all drugs received, dispensed, or disposed of in compliance with the
				Federal laws and regulations and State laws, rules and regulations;
8. Failure to report fraudulent prescription
				activity to the Board or other appropriate authorities;
9. Obtaining any remuneration by fraud,
				misrepresentation, or deception, including, but not limited to, receiving
				remuneration for amending or modifying, or attempting to amend or modify, a
				patient's pharmacist care services, absent a clear benefit to the patient,
				solely in response to promotion or marketing activities;
10. Filing a claim or assisting in the filing
				of a claim for reimbursement for drugs or professional services which were not
				provided or which were not authorized to be provided.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 2 - Disciplinary Actions › Rule 30-3002-2.2 - Alternative to Suspension, Revocation or Restriction of a License

Current through June 25, 2024
In lieu or suspension, revocation or restriction of a
				  license as provided in Rule 2.1, the Board may warn or reprimand the offending
				  pharmacist.
Miss. Code Ann. §
										73-21-97.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 2 - Disciplinary Actions › Rule 30-3002-2.3 - Additional Grounds for Discipline

Current through June 25, 2024
In addition to the grounds specified in Rule 2.1, the Board
				  shall be authorized to suspend the license, registration or permit of any
				  person for being out of compliance with an order for support, as defined in
				  Mississippi Code Section
				  93-11-153.
				  The procedure for suspension of a license, registration or permit for being out
				  of compliance with an order for support, and the procedure for reissuance or
				  reinstatement of a license, registration or permit suspended for that purpose,
				  and the payment of any fees for the reissuance or reinstatement of a license,
				  registration or permit suspended for that purpose, shall be governed by
				  Mississippi Code Section
				  93-11-157
				  or
				  93-11-163,
				  as the case may be. If there is any conflict between any provision of
				  Mississippi Code Section
				  93-11-157
				  or
				  93-11-163
				  and the provisions of the Mississippi Pharmacy Board Rules and Regulations, the
				  provisions of Mississippi Code Section
				  93-11-157
				  or
				  93-11-163,
				  as the case may be, shall control.
Miss. Code Ann. §
										73-21-97.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 2 - Disciplinary Actions › Rule 30-3002-2.4 - Investigations Review Committee

Current through June 25, 2024
The Board shall designate two (2) of its members to serve on
				  a rotating no longer than three consecutive month basis with the executive
				  director and legal counsel for the Board as an Investigations Review Committee
				  (IRC).
Miss. Code Ann. §
										73-21-99.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 2 - Disciplinary Actions › Rule 30-3002-2.5 - Meetings of the Investigations Review Committee

Current through June 25, 2024
The IRC shall meet monthly and the Board's investigators
				  shall provide status reports to the IRC. Such reports shall be made on all
				  on-going investigations, and shall apply to any routine inspections which may
				  give rise to the filing of a complaint.
Miss. Code Ann. §
										73-21-99.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 2 - Disciplinary Actions › Rule 30-3002-2.6 - Actions of the Investigations Review Committee

Current through June 25, 2024
The Board, acting by and through the IRC may, if deemed
				  necessary, issue a letter of reprimand to any licensee, registrant or permit
				  holder in lieu of formal action by the Board.
Miss. Code Ann. §
										73-21-99.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.1 - Disciplinary Resolutions

Current through June 25, 2024
All disciplinary proceedings initiated by the Board shall be
				  brought to a final resolution through one of the following means:
A. Formal Disciplinary hearing before the
				Board;
B. Acceptance by the Board
				of a mutually agreeable Consent Order in lieu of a hearing;
C. Issuance of an Administrative Citation by
				the Investigations Review Committee (IRC) and payment of a fine by the
				Respondent in lieu of a hearing; or
D. Dismissal of the case.
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.2 - Formal Disciplinary Hearing

Current through June 25, 2024
Disciplinary action by the Board against a licensee,
				  registrant or permit holder, or license, registration or permit shall require
				  the following:
A. A sworn affidavit
				filed with the Board charging a licensee or permit holder with an act which is
				grounds for disciplinary action; and
B. An order of the IRC which shall cause the
				executive director of the Board to fix a time and place for a hearing by the
				Board. The executive director shall cause a written notice specifying the
				offense or offenses for which the licensee or permit holder is charged and
				notice of the time and place of the hearing to be served upon the licensee or
				permit holder at least thirty (30) days prior to the hearing date. Such notice
				may be served by mailing a copy by certified mail, postage prepaid, to the
				last-known residence or business address of the licensee or permit holder.
Miss. Code Ann. §
										73-21-99.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.3 - Recusal of IRC Members from Board Action

Current through June 25, 2024
In the event any complaint on a licensee comes before the
				  Board for possible disciplinary action, the members of the Board serving on the
				  IRC which reviewed the investigation of that complaint shall recuse themselves
				  and not participate in the disciplinary proceeding.
Miss. Code Ann. §
										73-21-99.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.4 - Issuance of Subpoenas

Current through June 25, 2024
The Board, acting by and through its executive director, is
				  authorized and empowered to issue subpoenas for the attendance of witnesses and
				  the production of books and papers at a hearing. Process issued by the Board
				  shall extend to all parts of the state and shall be served by any person
				  designated by the Board for such service. Where any witness fails or refuses to
				  attend upon a subpoena issued by the Board, refuses to testify, or refuses to
				  produce any books and papers the production of which is called for by a
				  subpoena, the attendance of such witness, the giving of his testimony or the
				  production of the books and papers shall be enforced by any court of competent
				  jurisdiction of this state in the manner provided for the enforcement of
				  attendance and testimony of witnesses in civil cases in the courts of this
				  state.
A. All requests for subpoenas
				shall be submitted at least fifteen (15) days prior to the scheduled hearing.
B. The request must contain the
				identity and address of the individual to be subpoenaed.
C. If the subpoena is for records or
				documents, the request must include the identity and address of the custodian
				of such records, along with a concise description of the records to be
				subpoenaed.
D. The Board will
				general serve all subpoenas by registered mail, return receipt requested.
E. The Board shall charge a
				reasonable fee for each subpoena, not to exceed thirty-five dollars ($35.00),
				for preparation and service of each subpoena.
Miss. Code Ann.
				  §§
										73-21-99,
				  73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.5 - Rights of the Accused

Current through June 25, 2024
The accused shall have the right to appear at a disciplinary
				  hearing either personally or by counsel, or both, to produce witnesses or
				  evidence in his behalf, to cross-examine witnesses, and to have subpoenas
				  issued by the Board.
Miss. Code Ann. §
										73-21-99.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.6 - Hearing Procedures

Current through June 25, 2024
A. All hearings
				shall be conducted by the Board, which shall not be bound by strict rules of
				procedure or by the laws of evidence in the conduct of its
				proceedings.
B. The hearing shall
				be held at the time and place as specified in the Notice of Hearing and
				Complaint unless continued for good cause.
C. All hearings are open to the public,
				subject to the Board entering executive session, which shall be closed to the
				public.
D. The Board President,
				Vice-President or senior member of the Board will preside over the
				hearing.
E. The Board may be
				assisted by a hearing officer who shall advise the Board on matters of law and
				procedure and rule on all objections and motions. The hearing officer's rulings
				on matters of law and procedure are advisory.
F. Any Board members that participated in the
				IRC for the matter before the Board will recuse themselves and not participate
				in the hearing.
G. All hearings
				shall be recorded and the Board, or court reporter, shall administer oaths as
				may be necessary for the proper conduct of the hearing.
H. The Respondent may retain legal counsel or
				may represent themselves.
I. Upon
				direction from the Presiding Officer, the Board counsel shall present evidence
				and call witnesses to support the charges filed in the Notice of Hearing and
				Complaint.
J. The Respondent or
				Respondent's counsel may present evidence or call witnesses to answer the
				charges filed in the Notice of Hearing and Complaint.
K. The Board shall not hear evidence nor make
				findings on any violations that were not part of the Notice of Hearing and
				Complaint.
L. All witnesses at the
				hearing shall be subject to direct examination, cross examination and questions
				by the Board. Re-direct and re-cross examinations shall be at the discretion of
				the Board.
M. The Board should
				adjudicate each charge and make findings of fact on each charge as presented in
				the Notice of Hearing and Complaint. Any determination by the Board shall be
				based upon sufficient evidence to sustain it.
N. The Board shall, within thirty (30) days
				after the conclusion of the hearing, reduce its decision to writing and forward
				an attested true copy to the last-known residence or business address of the
				licensee or permit holder by way of United States first-class, certified mail,
				postage prepaid.
Miss. Code Ann.
				  §§
										73-21-99;
				  73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.7 - Motions

Current through June 25, 2024
All motions must be filed with the Board at least fifteen
				  (15) days prior to the scheduled hearing. The Board President shall have the
				  authority to rule on motions that are filed pursuant to this Rule. The
				  Respondent and the Board counsel will be notified of the ruling on the motion
				  promptly. The ruling of the Board President will be entered into the record at
				  the scheduled hearing date. Motions for continuances shall be handled pursuant
				  to Rule 3.8
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.8 - Hearing Continuances

Current through June 25, 2024
A motion for continuance must be filed with the Board at
				  least fifteen (15) days prior to the scheduled hearing, or upon a showing of
				  good cause, at any time prior to the hearing. A scheduling conflict on behalf
				  of the Respondent or Respondent's counsel shall be considered good cause, and
				  will be liberally granted, if written proof of the scheduling conflict is
				  submitted to the Board at least fifteen (15) days prior to the scheduled
				  hearing. A second continuance based on scheduling conflicts shall not be
				  granted by the Board. Failure to retain counsel in a timely manner on the part
				  of the Respondent shall not be considered good cause. The Board President shall
				  have the authority to rule on motions for continuance that are filed pursuant
				  to this Rule. The Respondent and the Board counsel will be notified of the
				  ruling on the motion promptly. The ruling of the Board President will be
				  entered into the record at the scheduled hearing date and the rescheduled
				  hearing date will be set if the motion for continuance is
				  granted.
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.9 - Settlement Negotiations and Agreed Orders

Current through June 25, 2024
When the Respondent has been duly served with a Notice of
				  Hearing and Complaint, the Respondent and/or Respondent's counsel may request
				  Settlement negotiations for the purpose of possible resolution of the matter or
				  for purpose of simplifying the issues for hearing or promoting stipulations as
				  to facts and proposed evidentiary offerings which will not be disputed at
				  hearing.
A. The Respondent and/or his
				counsel and Board Counsel shall participate in the settlement negotiations.
				Board members who served on the Investigations Review Committee (IRC) for the
				matter and compliance agents who investigated the matter shall be consulted
				during the settlement negotiations. Other Board members may not participate nor
				have knowledge or input into any of the settlement negotiations.
B. Informal Discovery or exchange of
				information may be accomplished during the settlement negotiations.
C. Settlement Conferences shall not be held
				on the day of the scheduled hearing.
D. The settlement negotiations may result in:
a. Preparation of a proposed Agreed Order as
				a resolution of the matter; or
b.
				Proceeding with the scheduled hearing.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.10 - Administrative Citations

Current through June 25, 2024
The IRC may include an Administrative Citation with the
				  Notice of Hearing and Complaint. In lieu of a formal disciplinary hearing, the
				  Respondent has the option to settle the matter through the payment of a fine
				  and compliance with imposed conditions. If the Respondent does not accept the
				  fine and conditions or respond to the Administrative Citation instructions
				  within the time specified in the Notice, the matter shall proceed to a formal
				  disciplinary hearing before the Board.
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.11 - Violations Subject to Administrative Citations and Fines

Current through June 25, 2024
An Administrative Citation may be issued for the following
				  violations:
Failure of a Pharmacy Technician to wear a name tag
				  identifying the individual as a Pharmacy Technician
Failure to validate that a Pharmacy Technician has a current
				  active registration
Exceeding the Pharmacist to Pharmacy Technician ratio
Failure to obtain the required Continuing Education
Failure to notify the Board of a change of employment
Failure to notify the Board of a change of address
Failure to notify the Board of a change in the Pharmacist in
				  Charge (PIC)
Failure to obtain or renew a pharmacy permit in a timely
				  manner
Failure to obtain or renew a pharmacist license in a timely
				  manner
Failure to obtain or renew a control substance registration
				  in a timely manner
Failure to Register as a Wholesaler
Any other violation of the Mississippi Pharmacy Practice Act
				  or the Rules or Regulations of the Mississippi Pharmacy Board
The administrative citation may include a fine and cost of
				  investigation for each violation, not to exceed the monetary penalty amount as
				  allowed by Mississippi Code Annotated §
									73-21-103
				  or other applicable statute.
Miss. Code Ann.
				  §§
										73-21-81,
				  73-21-103.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 3 - Disciplinary Proceedings › Rule 30-3002-3.12 - Additional Conditions for Administrative Citations

Current through June 25, 2024
In addition to any fine imposed, an Administrative Citation
				  may include corrective action or additional conditions imposed by the IRC
				  through a Memorandum of Agreement (MOA) that must be acknowledged and agreed to
				  by the Respondent.
Miss. Code Ann. §
										73-21-81.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 4 - Penalties › Rule 30-3002-4.1 - Uniform Penalty Policy

Current through June 25, 2024
Any penalty imposed by Board pursuant to a violation of any
				  statute, rule or regulation within the jurisdiction of the Board shall be not
				  less than the minimum nor more than the maximum penalty allowed by Mississippi
				  Code Annotated Sections
				  73-21-103,
				  73-21-161,
				  73-21-191 or any other statute
				  that allows the Board to impose a penalty.
Miss. Code
				  Ann. §§
										73-21-81; 73-21-103; 73-21-163;
				  73-21-191.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 5 - Oral Proceedings On Proposed Regulations › Rule 30-3002-5.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public an opportunity to make oral presentations or
				  written input on proposed new rules or regulations, amendments to rules or
				  regulations and proposed repeal of existing rules or regulations before the
				  Board pursuant to the Administrative Procedures Act.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 5 - Oral Proceedings On Proposed Regulations › Rule 30-3002-5.2 - When Oral Proceedings will be Scheduled on Proposed Regulations

Current through June 25, 2024
The Board will conduct an oral proceeding on a proposed
				  regulation or amendment if requested by a political subdivision, an agency or
				  ten (10) persons in writing within twenty (20) days after the filing of the
				  notice of the proposed regulation.
A.
				Each request must be submitted on 8-1/2" x 11" white paper or electronically in
				a standard letter format, i.e., MS Word, PDF, WordPerfect or other similar
				format and must be typewritten or printed in legible handwriting.
B. The request may be in the form of a letter
				addressed to the Board.
C. Each
				request must include the full name, telephone numbers, and mailing address of
				the requestor(s).
D. All requests
				shall be signed by the person filing the request, unless represented by an
				attorney, in which case the attorney may sign the request.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  25-43-3.104
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 5 - Oral Proceedings On Proposed Regulations › Rule 30-3002-5.3 - Notification of Oral Proceeding

Current through June 25, 2024
The date, time and place of all oral proceedings shall be
				  filed with the Secretary of State's office and mailed to each requestor. The
				  oral proceedings will be scheduled no earlier than twenty (20) days from the
				  filing of this information with the Secretary of State.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  25-43-3.104
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 5 - Oral Proceedings On Proposed Regulations › Rule 30-3002-5.4 - Presiding Officer

Current through June 25, 2024
The Board President or his designee, who is familiar with
				  the substance of the proposed regulation, shall preside at the oral proceeding
				  on a proposed regulation.
Miss. Code Ann. §
										25-43-2.104
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 5 - Oral Proceedings On Proposed Regulations › Rule 30-3002-5.5 - Public Presentations and Participation

Current through June 25, 2024
A. At an oral
				proceeding on a proposed regulation, persons may make oral statements and make
				documentary and physical submissions, which may include data, views, comments
				or arguments concerning the proposed regulation.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the Board at least one business day prior to
				the proceeding and indicate the general subject of their presentations. The
				presiding officer in his or her discretion may allow individuals to participate
				that have not previously contacted the Board.
C. At the proceeding, those who participate
				shall indicate their names and addresses, identify any persons or organizations
				they may represent, and provide any other information relating to their
				participation deemed appropriate by the presiding officer.
D. The presiding officer may place time
				limitations on individual oral presentations when necessary to assure the
				orderly and expeditious conduct of the oral proceeding. To encourage joint oral
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
E. Persons making
				oral presentations are encouraged to avoid restating matters that have already
				been submitted in writing.
F.
				There shall be no interruption of a participant who has been given the floor by
				the presiding officer, except that the presiding officer may in his or her
				discretion interrupt or end the partisan's time where the orderly conduct of
				the proceeding so requires.
Miss. Code Ann. §
										25-43-2.104
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 5 - Oral Proceedings On Proposed Regulations › Rule 30-3002-5.6 - Conduct of Oral Proceeding

Current through June 25, 2024
A. The presiding
				officer shall have authority to conduct the proceeding in his or her discretion
				for the orderly conduct of the proceeding. The presiding officer shall
1. call proceeding to order;
2. give a brief synopsis of the proposed
				regulation, a statement of the statutory authority for the proposed regulation,
				and the reasons provided by the Board for the proposed regulation;
3. call on those individuals who have
				contacted the Board about speaking on or against the proposed regulation;
4. allow for rebuttal statements
				following all participant's comments;
5. adjourn the proceeding.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Board's rules governing the
				  form, content, and filing of requests for declaratory opinions, the procedural
				  rights of persons in relation to the written requests, and the Board's
				  procedures regarding the disposition of requests as required by Mississippi
				  Code §
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.104
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The Board will issue declaratory opinions regarding the
				  applicability to specified facts of:
A.
				a statute administered or enforceable by the Board;
B. a rule or regulation promulgated by the
				Board, or
C. an order issued by the
				Board.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A declaratory opinion request must be limited to a single
				  transaction, occurrence or issue.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.4 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Board. "Substantial interest in the
				  subject matter" means: an individual, business, group or other entity that is
				  directly affected by the Board's administration of the laws within its primary
				  jurisdiction. "Primary jurisdiction of the Board" means the Board has a
				  constitutional or statutory grant of authority in the subject matter at
				  issue.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.5 - How to Submit Requests for Declaratory Opinions

Current through June 25, 2024
When a person with substantial interest, as required by
				  Section
				  25-43-2.103
				  of the Administrative Procedures Act, requests a declaratory opinion, the
				  person must submit a printed, typewritten, or legibly handwritten
				  request.
A. Each request must be
				submitted on 8-1/2" x 11" white paper or electronically in a standard letter
				format, i.e., MS Word, PDF, WordPerfect or other similar format.
B. The request may be in the form of a letter
				addressed to the Board or in the form of a pleading as if filed with a court.
C. Each request must include the
				full name, telephone numbers, and mailing address of the requestor(s).
D. All requests shall be signed by
				the person filing the request, unless represented by an attorney, in which case
				the attorney may sign the request.
E. Each request must clearly state that it is
				a request for a declaratory opinion.
F. All requests must be mailed, emailed,
				delivered or transmitted via facsimile to the Board. No oral or telephone
				requests will be accepted for official declaratory opinions.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.6 - Signature Attestation

Current through June 25, 2024
Any party who signs the request shall attest that the
				  request complies with the requirements set forth in these rules, including but
				  not limited to a full, complete, and accurate statement of relevant facts and
				  that there are no related proceedings pending before any agency,
				  administrative, or judicial tribunal.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.7 - Content of Request

Current through June 25, 2024
Each request must contain the following:
A. A clear identification of the statute,
				rule, or order at issue;
B. The
				question for the declaratory opinion;
C. A clear and concise statement of all facts
				relevant to the question presented;
D. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number;
E. A statement sufficient
				to show that the requestor has a substantial interest in the subject matter of
				the request;
F. A suggested
				proposed opinion, stating the answers desired by requestor and a summary of the
				reasons in support of those answers;
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.8 - Reasons for Refusal to Issue a Declaratory Opinion Upon a Request

Current through June 25, 2024
The Board may, for good cause, refuse to issue a declaratory
				  opinion. The circumstances in which declaratory opinions will not be issued
				  include, but are not necessarily limited to:
A. The matter is outside the primary
				jurisdiction of the Board;
B. Lack
				of clarity concerning the question presented;
C. There is pending or anticipated
				litigation, administrative action, or other adjudication which may either
				answer the question presented by the request or otherwise make an answer
				unnecessary;
D. The statute, rule,
				or order on which a declaratory opinion is sought is clear and not in need of
				interpretation to answer the question presented by the request;
E. The facts presented in the request are not
				sufficient to answer the question presented;
F. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
G. The
				request seeks to resolve issues which have become moot or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
H. No controversy exists or is certain to
				arise which raises a question concerning the application of the statute, rule,
				or order;
I. The question
				presented by the request concerns the legal validity of a statute, rule, or
				order;
J. The request is not based
				upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct;
K. No clear answer is
				determinable;
L. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
M. The answer to the question presented would
				require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
N. The question is currently the subject of
				an Attorney General's opinion request or has been answered by an Attorney
				General's opinion;
O. A similar
				request is pending before this agency, or any other agency, or a proceeding is
				pending on the same subject matter before any agency, administrative or
				judicial tribunal, or where such an opinion would constitute the unauthorized
				practice of law; or
P. The
				question involves eligibility for a license, permit, certificate or other
				approval by the Board or some other agency and there is a statutory or
				regulatory application process by which eligibility for said license, permit,
				or certificate or other approval may be determined.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.9 - Agency Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the Board shall, in writing:
A. Issue
				an opinion declaring the applicability of the statute, rule, or order to the
				specified circumstances;
B. Agree
				to issue a declaratory opinion by a specified time but no later than ninety
				(90) days after receipt of the written request; or
C. Decline to issue a declaratory opinion,
				stating the reasons for its action.
The forty-five (45) day period shall begin on the first
				  business day after which the request is received by the Board.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.10 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Board's public records request procedure. All
				  declaratory opinions and requests shall be indexed by requestor's name, subject
				  and date of issuance. Declaratory opinions and requests which contain
				  information which is confidential or exempt from disclosure under the
				  Mississippi Public Records Act or other laws shall be exempt from this
				  requirement and shall remain confidential.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.11 - Notice by Board to third parties

Current through June 25, 2024
The Board may give notice to any person, agency or entity
				  that a declaratory opinion has been requested and may receive and consider
				  data, facts, arguments and opinions from other persons, agencies or other
				  entities other than the requestor.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 6 - Declaratory Opinions › Rule 30-3002-6.12 - Effect of a Declaratory Opinion

Current through June 25, 2024
The Board will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the Board and who, in good faith, follows the direction of the opinion and acts
				  in accordance therewith unless a court of competent jurisdiction holds that the
				  opinion is manifestly wrong. Any declaratory opinion rendered by the Board
				  shall be binding only on the Board and the person to whom the opinion is
				  issued. No declaratory opinion will be used as precedent for any other
				  transaction or occurrence beyond that set forth by the requesting person.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.104.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3002 - Mississippi Board of Pharmacy Administrative Rules › Chapter 7 - Public Records › Rule 30-3002-7.1 - Public Record Requests Procedures

Current through June 25, 2024
This rule establishes procedures and fees associated with
				  all public requests for copies and/or inspection of public documents.
A. Submission of Requests.
1. All requests for information should be
				submitted in writing to:
Mississippi Board of Pharmacy
6360 1-55 North, Suite 400
Jackson, MS 39211-2038
2. Requests may be mailed or hand delivered.
3. No verbal or telephone requests
				can be accepted.
4. The request
				should specifically outline the records that are being requested.