Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article V - ACTION AGAINST PHARMACIST LICENSE

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 license of any pharmacist
			 and/or impose a monetary penalty upon one or more of the following grounds:
A. Violation of the rules and regulations of
			 the Board of Pharmacy;
B.
			 Violation of any of the provisions of the Mississippi Pharmacy Practice Act or
			 the Mississippi Uniform Controlled Substances Law;
C. Violation of pharmacy or drug laws of any
			 other state or the federal government or rules or regulations pertaining
			 thereto;
D. Fraud or intentional
			 misrepresentation by a licensee in securing the issuance or renewal of a
			 license or failing to report to the Board any adverse action taken by another
			 licensing jurisdiction, government agency, law enforcement agency, or court
			 that would constitute grounds for action;
E. Aiding and abetting an individual to
			 engage in the practice of pharmacy without a license;
F. Addiction to or dependence on alcohol,
			 controlled substances or other habit forming legend drugs or the unauthorized
			 use, possession, or theft of controlled substances or other habit forming
			 legend drugs;
G. Unprofessional
			 conduct. Unprofessional conduct shall include, but is not limited to:
(1) Condoning or assisting in the dispensing,
			 promotion or distribution of drugs:
(a) Which
			 do not meet the standards required by law;
(b) Which the pharmacist knows, or should
			 know, are not obtained for a legitimate medical need.
(2) Committing any fraudulent act including,
			 but not limited to:
(a) Destruction or
			 alteration of any records such as prescriptions, profiles, purchase invoices,
			 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 or which were not authorized to
			 be 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) Practicing in a location which is not
			 properly permitted or registered by the Mississippi Board of Pharmacy;
(5) Selling or bartering a
			 prescription drug sample;
(6)
			 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 patients
			 confined to the institution provided no charge is made to the patient by the
			 institution for the sample;
(7) No
			 pharmacist shall have possession of a prescription drug sample unless such
			 sample is for treatment of a diagnosed personal medical condition;
(8) Denying a patient freedom of choice in
			 selecting who will fill their prescription needs;
(9) Willfully and knowingly failing to
			 maintain complete and accurate records of all prescription drugs received,
			 disposed of or dispensed at a permitted facility.
(10) Failure to report fraudulent
			 prescription activity to the appropriate authorities.
H. Physical or mental incapacity that
			 prevents a pharmacist from practicing pharmacy with reasonable skill and safety
			 to the public.
I. Failure to
			 comply with any lawful order of the Board.
J. Being found guilty by the licensing agency
			 in another state or violating the statutes, rules or regulations of that
			 jurisdiction.
K. Divulging or
			 revealing patient confidential or protected health information to any person
			 other than as authorized by Board regulations.
L. Termination of employees suspected of
			 theft of pharmaceuticals or merchandise without contacting the Board prior to
			 termination.
M. Failure to report
			 directly to the Board, losses or suspected losses of controlled substances or
			 prescription drugs.
N. Theft from
			 a permitted facility.
O. Theft or
			 embezzlement of prescription drugs, controlled substances or medical devices
			 from a permitted facility.
P.
			 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.
Q.
			 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.
R. 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
			 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.
S. Failure to furnish
			 to the Board, its investigators, or representatives any information legally
			 requested by the Board.
T. Failing
			 to pay costs assessed in a disciplinary hearing.
U. Failure of a pharmacist licensed by the
			 Mississippi Board of Pharmacy to register as a user of the Prescription
			 Monitoring Program.
V. Failing to
			 submit prescription monitoring information to the Prescription Monitoring
			 Program within the time interval prescribed.
W. The unlawful disclosure of information
			 from the Prescription Monitoring Program or using information obtained from the
			 Prescription Monitoring Program for unlawful or unethical purposes.
X. Failure to produce continuing educations
			 credits within required time period set forth in these regulations.
Y. The Board may issue a cease and desist
			 order to prevent a person from engaging in the practice of pharmacy which
			 endangers the public.