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 30-2640-1.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2640, Chapter 1 only, the following
				  terms have the meanings indicated:
A.
Administer
,
Controlled
				Substances
, and
Ultimate User
shall have the same meaning as set forth in Mississippi Code, Section
				41-29-105, unless the context
				otherwise requires.
B.
Board
means the Mississippi State Board of
				Medical Licensure.
C.
Physician
means any person licensed to practice
				medicine, osteopathic medicine or podiatric medicine in the state of
				Mississippi.
D.
Physician Assistant
means any person meeting the
				requirements of licensure in the state of Mississippi as required by Part 2617,
				Chapter 1.
E.
Licensee
means any person licensed by this Board
				who has prescriptive authority.
F.
Prescriptive Authority
means the legal authority
				of a professional licensed to practice medicine in the state of Mississippi to
				prescribe, administer, or dispense legend drugs. Licensees holding or
				possessing certain license types and training, such as Medical Doctors (MD) and
				Doctors of Osteopathic Medicine (DO) for example, are conferred prescriptive
				authority by virtue of their training and licensure by the board.
G.
Prescribe
means to designate or order by means of either a written or oral prescription
				the delivery of a controlled substance or legend drug to an ultimate
				user.
H.
Dispense
means to deliver a controlled substance
				or legend drug other than by administering or prescribing to an ultimate user
				or research subject including the packaging, labeling, or compounding necessary
				to prepare the substance for that delivery.
I. For the purpose of enforcement of the
				labeling requirements set forth in this chapter, Part 2640, Rule
				1.7.B,
Dispensing
				Physician
means any physician who dispenses to a patient for
				the patient's use any controlled substance, legend drug or other medication
				where such medication is purchased by the physician for resale to a patient
				whether or not a separate charge is made. As stated in Part 2615, it is
				understood that Physician Assistants may not dispense medications.
J.
Prescription
				Drug
or
Legend Drug
means a drug
				required under federal law to be labeled with the following statement prior to
				being dispensed or delivered; "Caution: Federal law prohibits dispensing
				without prescription," or a drug which is required by any applicable federal or
				state law or regulation to be dispensed on prescription only or is restricted
				to use by licensees only.
K.
Pain Management Practice
means a public or
				privately-owned practice for which 50% or more of the patients are issued, on a
				regular or recurring basis, a prescription for opioids, barbiturates,
				benzodiazepines, carisoprodol, butalbital compounds, or tramadol for the
				treatment of chronic non-cancerous/non-terminal pain. Included in this
				definition is any practice that advertises and/or holds itself out to provide
				pain management services. Patients who are treated for pain resulting from a
				terminal illness do not count against the percentage stated herein.
L.
Inpatient
means a patient in a hospital, nursing home, long term care facility, inpatient
				(not home-bound) hospice, or any other facility wherein medications are
				dispensed to a patient by a third party who is duly licensed and/or certified
				to dispense medications in a healthcare or related facility.
Miss. Code Ann.
				  §
										73-43-11 (1972, as
				  amended).