Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article IX - ACTION AGAINST PERMITS

Current through June 25, 2024
1. The Board of
			 Pharmacy may refuse to issue or renew, or may suspend, summarily suspend, place
			 on probation, revoke, reprimand, or restrict the permit of any permitted
			 facility and/or impose a monetary penalty upon one or more of the following
			 grounds:
A. Any act by any person in the
			 conduct of the activities of the facility which is a violation of any of the
			 provisions of the Mississippi Pharmacy Practice Act or the Mississippi Uniform
			 Controlled Substances Law. Further, that any act by any person which subverts
			 the authority of the pharmacist-in-charge by impeding the management of the
			 prescription department or the practice of pharmacy in the compliance with
			 federal and state drug or pharmacy laws and regulations shall be deemed a
			 violation of this section. Any such circumvention may result in charges being
			 filed against the pharmacy permit.
B. Any act by any person in the conduct of
			 the activities of the facility which is a violation of the rules and
			 regulations of the Board of Pharmacy.
C. Fraud or intentional misrepresentation in
			 securing the issuance or renewal of a permit.
D. Failure to comply with any lawful order of
			 the Board.
E. Engaging in or aiding
			 and abetting an individual to engage in the practice of pharmacy without a
			 license.
F. Unprofessional conduct
			 by any person in any activity relating to the operation of a pharmacy.
			 Unprofessional conduct includes, but is not limited to:
(1) Condoning or assisting in the dispensing,
			 promotion or distribution of drugs which do not meet the standards required by
			 law.
(2) Committing any fraudulent
			 act including, but not limited to:
(a)Destruction or alteration of any records
			 such as purchase invoices, prescriptions, patient profiles, third-party
			 vouchers and receipts required to be kept;
(b)The placement of any advertisement which
			 is false or misleading;
(c)Filing a
			 claim or assisting in the filing of a claim for reimbursement for drugs or
			 professional services which were not provided.
(3) Dispensing, selling, bartering,
			 receiving, or maintaining drugs which the pharmacist knows, or should know,
			 have been stolen or diverted from the purpose for which they were distributed
			 by a legitimate source.
(4) Selling
			 or bartering a prescription drug sample.
(5) Receiving, dispensing, or maintaining a
			 prescription drug sample unless the pharmacy is owned by a charitable
			 organization, and is not operated for profit and has prior approval in writing
			 by the Board. Institutional pharmacies may receive, dispense and maintain
			 prescription drug samples that are provided by a practitioner and intended
			 solely for administration to his/her patient confined to the institution
			 provided no charges made to the patient by the institution for the
			 sample.
(6) No pharmacist shall
			 have possession of a prescription drug sample unless such sample is for
			 treatment of a diagnosed personal medical condition.
(7) Willfully and knowingly failing to
			 maintain complete and accurate records of all prescription drugs received,
			 disposed of or dispensed at a permitted facility.
(8) Divulging or revealing confidential
			 patient information to any person other than as authorized by Board
			 regulations.
G.
			 Termination of employees suspected of theft of pharmaceuticals or merchandise
			 without contacting the Board prior to termination.
H. Failure to report directly to the Board,
			 losses or suspected losses of controlled substances or prescription
			 drugs.
I. Jeopardizing,
			 compromising, interfering or failing to cooperate with any lawful investigation
			 conducted by the Board or any state or federal regulatory or law enforcement
			 agency.
J. Destruction, removal or
			 tampering with any prescription drug, controlled substance, or medical device
			 placed under seal, embargoed, or quarantined by the Board or any representative
			 of the Board.
K. Knowing or
			 suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the
			 Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in
			 the Practice of Pharmacy, with reasonable skill, competence, and safety to the
			 public, is diverting or abusing controlled substances or prescription drugs and
			 failing to report any relevant information to the Board of Pharmacy.
L. Failure to furnish to the Board, its
			 investigators, or representatives any information legally requested by the
			 Board within the required time frame.
M. Failing to pay costs assessed in a
			 disciplinary hearing as directed by a lawful order of the Board.
N. Knowingly failing to submit Prescription
			 Monitoring Information to the Prescription Monitoring Program within the time
			 interval prescribed.
O. The
			 unlawful disclosure of information from the Prescription Monitoring Program.
			 Using information obtained from the Prescription Monitoring Program for
			 unlawful or unethical purposes.
P.
			 Retaliation against pharmacy employees for providing information to the
			 Board.
Q. Hindering, interfering
			 with, or restriction the reporting of suspected unlawful activity to the
			 appropriate authorities.
R. Failure
			 by any representative of a permitted facility to acknowledge completion of an
			 inspection by placement of a signature on the inspection form.