reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXIII - RECORD KEEPING ON CONTROLLED SUBSTANCES

Current through June 25, 2024
1. Every facility
			 permitted by the Board of Pharmacy shall keep complete and accurate records of
			 the acquisition and disposition of all controlled substances. Records of
			 acquisition must be maintained for a period of two (2) years. Records of
			 disposition must be maintained for a period of six (6) years.
These records shall include:
A. A current dated and signed inventory of
			 all controlled substances on hand on the inventory date;
B. Complete and accurate records of receipt
			 of all controlled substances;
C.
			 Complete and accurate records of
disposition
of all controlled substances.
These records shall be kept in such a manner that an audit
				will show the beginning inventory and record of acquisition of controlled
				substances to balance with the controlled substances on hand and the record of
				disposition of controlled substances.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXIV - SECURITY OF CONTROLLED SUBSTANCES

Current through June 25, 2024
1. In all places
			 where controlled substances are maintained, they shall be maintained in a
			 manner to deter loss by theft or burglary. When a person who has a controlled
			 substances registration with the Board of Pharmacy has a loss of controlled
			 substances, the Board may issue an order to that person to appear before the
			 Board to present a plan to the Board designed to prevent further loss of
			 controlled substances or he/she may be ordered by the Board to implement any
			 other reasonable measure to improve security on controlled substances deemed
			 necessary by the Board to prevent further loss of controlled
			 substances.
2. Storage of
			 controlled substances shall be as follows:
A.
			 In a pharmacy, storage of controlled substances in any schedule may be made in
			 a securely locked, substantially constructed container or area; or they may be
			 dispersed throughout the stock of non-controlled substances in such a manner as
			 to obstruct the theft or diversion of the controlled substances; or they may be
			 stored by a combination of these methods.
When an institutional pharmacy dispensing area is closed and
				the permitted location is accessible to non-pharmacist personnel all controlled
				substances must be stored in a securely locked, substantially constructed
				container or area. Only the pharmacist or person authorized by the pharmacist
				shall have access to this storage area. Authorization for access to this
				controlled substances storage area may be granted by the pharmacist in
				accordance with written policy of the pharmacy department of the
				facility.
B. In a nursing
			 home or other institution which does not maintain a pharmacy, a securely
			 locked, substantially constructed area shall be provided for storage of all
			 controlled substances. Controlled substances left by the death or discharge of
			 a patient shall be maintained in the drug storage area of the institution until
			 proper disposition of such controlled substances is made. Controlled substances
			 thus maintained in the drug storage area shall be kept in a locked cabinet,
			 drawer, or other suitable locked container and only the consultant pharmacist
			 or a person designated by the consultant pharmacist shall have access to the
			 container.
C. Expired medication
			 must be secured.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXV - INVENTORY REQUIREMENTS FOR CONTROLLED SUBSTANCES

Current through June 25, 2024
1. If a
			 facility has a loss of controlled substances, a complete inventory of all
			 remaining controlled substances shall be made within forty-eight (48) hours of
			 discovery of the loss of controlled substances. This inventory shall be dated
			 and signed by the pharmacist conducting the inventory. Any loss or suspected
			 loss of controlled substances shall be reported directly to the Mississippi
			 Board of Pharmacy immediately upon discovery and a written report made to the
			 Mississippi Board of Pharmacy within fifteen (15) days; this written report
			 shall include a copy of the inventory required by this ARTICLE.
2. When a facility has a change in ownership
			 or a change in pharmacist-in-charge, or is permanently closed, a complete
			 inventory shall be made of all controlled substances at the time of the change.
			 A copy of this inventory shall be kept with other records of controlled
			 substances in the facility and a copy shall be sent to the office of the Board
			 of Pharmacy. When a facility is permanently closed, the pharmacist-in-charge
			 shall notify the Board in writing within fourteen (14) days by what means and
			 as to whom controlled substances were transferred or disposed of.
3. Every facility permitted by the
			 Mississippi Board of Pharmacy shall take an annual inventory of all controlled
			 substances on hand on or about May 1 but no later than May 15. A facility may
			 conduct the controlled substance inventory at another date so long as the
			 annual inventory is conducted during the same period each year. This inventory
			 shall be maintained with the other controlled substance records of the
			 facility.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXVI - DISPOSAL OF CONTROLLED SUBSTANCES

Current through June 25, 2024
1. Any registrant
			 of the Board authorized to possess controlled substances in the course of their
			 professional practice or the course of their business may dispose of any
			 expired, excess or unwanted controlled substances by contacting and utilizing
			 the services of a reverse distributor as defined by the Federal Drug
			 Enforcement Administration. Any such reverse distributor must hold a valid
			 Certificate of Registration Number issued by the Federal Drug Enforcement
			 Administration and the Mississippi Board of Pharmacy. All records of the
			 disposal of controlled substances shall be maintained for a period of two (2)
			 years.
2. An institution permitted
			 or registered by the Mississippi Board of Pharmacy in which controlled
			 substances are administered to patients, may make on-premises destruction of
			 controlled substances provided:
A. The
			 controlled substance is the remainder of a prepackaged single dosage unit or
			 unit of use.
B. At least part of
			 the unit dose or unit of use was administered.
C. The destruction is recorded showing:
(1) The name of the drug;
(2) The amount of the drug which was
			 administered and the amount of the drug which was destroyed;
(3) The time and the date of
			 destruction;
(4) The name of the
			 patient;
(5) The room number of the
			 patient;
(6) The name of the person
			 administering the drug;
(7) The
			 signature of the person (pharmacist or nurse) making the destruction;
(8) The signature of a second person who
			 witnessed the destruction.
D. The record of the destruction is
			 maintained by the facility.
E. A
			 single dosage unit or any unit of use of a controlled substance which (1) is
			 broken, (2) becomes contaminated, (3) or for any reason cannot be used, must be
			 returned to the control of the pharmacy for proper disposal. When it is not
			 possible to return a broken or contaminated or unwanted dosage unit or unit of
			 use to the pharmacy, documentation of the loss may be substituted. Broken or
			 contaminated single dosage units or units of use returned to the pharmacy for
			 destruction may be destroyed on premise provided the destruction is
			 documented.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXX - INSTITUTIONAL/LONG TERM CARE FACILITIES (LTCF)

Current through June 25, 2024
A. CONSULTING
			 PHARMACISTS TO INSTITUTIONAL (LTC) FACILITIES
1. Unless specifically authorized by the
			 Board to do so, no person shall serve as a consultant pharmacist or act or
			 purport to act in this capacity to any institutional facility unless he/she
			 possesses the following qualifications:
A.
			 Have and maintain a license to practice pharmacy within the State of
			 Mississippi;
B. Have attended
			 within the last two years a training course of not less than eight (8) hours in
			 institutional pharmacy services that has been approved by the Board of
			 Pharmacy;
C. In order to be
			 approved by the Board of Pharmacy, the training course for a consultant
			 pharmacist to an institutional facility shall provide instruction in the areas
			 of clinical pharmacy services, drug distribution systems and state and federal
			 pharmacy regulations governing the practice of institutional
			 pharmacy.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXI - COMPOUNDING GUIDELINES

Current through June 25, 2024
Every pharmacy permitted by the Mississippi Board of Pharmacy
				engaged in the compounding of pharmaceuticals that is not a licensed 503B
				pharmacy following good manufacturing practices (GMP) shall comply with USP
				795, USP 797, and USP 800 when compounding in the scope of those chapters. The
				designated facility USP representative must be a pharmacist licensed in the
				State of Mississippi.
1. GENERAL
			 PROVISIONS
A. Prior to engaging in the
			 compounding of pharmaceuticals, a pharmacy shall obtain a compounding
			 certificate from the Mississippi Board of Pharmacy.
i. To obtain a compounding certificate, an
			 applicant must complete a compounding certificate application.
ii. A compounding certificate will expire
			 when the pharmacy permit expires and can be renewed at the time a pharmacy
			 permit is renewed.
iii.
			 Compounding, without obtaining the compounding certificate, shall be grounds
			 for disciplinary action.
iv. Every
			 pharmacy that engages in compounding shall submit a compounding statistical
			 report to the Board on or about January 31st of each year on a form prescribed
			 by the Board.
v. Failure to submit
			 the report as required by this regulation shall be grounds for disciplinary
			 action.
vi. A compounding
			 certificate shall become inactive if a pharmacy fails to compound any
			 prescriptions in a calendar year. A pharmacy may not compound prescriptions
			 with an inactive compounding certificate. A pharmacy may petition the Board to
			 activate a compounding certificate that is inactive.
vii. Any pharmacy with an active compounding
			 certificate is subject to a compounding inspection by the
			 Board.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXII - PHARMACEUTICAL FACILITY PERMITS

Current through June 25, 2024
1. For purposes of
			 this Article the following definitions shall apply:
A. "Wholesale Distribution" means
			 distribution of prescription drugs or devices, to include active pharmaceutical
			 ingredients (API's), to a person other than a consumer or patient, but does not
			 include:
(1) The sale, purchase, or trade of
			 a specified drug or device or an offer to sell, purchase, or trade a specified
			 drug or device for an immediate emergency medical reason including a public
			 health emergency declaration pursuant to section 319 of the Public Service Act.
			 Routine or temporary shortages do not constitute an immediate emergency medical
			 reason;
(2) The sale, purchase, or
			 trade of a drug or device, an offer to sell, purchase, or trade a drug or
			 device, or the dispensing of a drug or a device pursuant to a patient specific
			 prescription;
(3) The lawful
			 distribution of drug samples by manufacturers' representatives or distributors'
			 representatives;
(4) The sale,
			 purchase, or trade of a drug or device or an offer to sell, purchase, or trade
			 a drug or device among pharmacies that are under common control; for purposes
			 of these regulations, "common control" means the power to direct or cause the
			 direction of the management and policies of a person or an organization,
			 whether by ownership of stock, voting rights, by contract or otherwise. Common
			 ownership transactions shall not include any upcharges or fees;
(5) The sale, purchase, or trade of a drug or
			 device or an offer to sell, purchase, or trade a drug or device by a charitable
			 organization described in section 501(c)(3) of the U.S. Internal Revenue Code
			 of 1954 to a nonprofit affiliate of the organization to the extent otherwise
			 permitted by law;
(6) The
			 sale/purchase of a prescription drug or device by a pharmacy to a licensed
			 practitioner for office use, if the total annual dollar volume of these
			 sales/purchases does not exceed five percent (5%) of that pharmacy's total
			 annual prescription sales. In office use is defined as occurring in locations
			 that are not serviced by a pharmacy permit;
(7) Medication transfer from
			 facilities/businesses to meet an immediate need for a specific patient in a
			 quantity no greater than the prescribed amount;
(8) Distribution of drugs or devices for
			 research purposes in humans under an IND to an investigator.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXII - PHARMACEUTICAL DRUG FACILITY PERMITS

Current through June 25, 2024
1. For purposes of this Article the following definitions shall apply:
A. "Wholesale Distribution" means distribution of prescription drugs or devices, to include active pharmaceutical ingredients (API's), to a person other than a consumer or patient, but does not include:
(1) The sale, purchase, or trade of a specified drug or device or an offer to sell, purchase, or trade a specified drug or device for an immediate emergency medical reason including a public health emergency declaration pursuant to section 319 of the Public Service Act. Routine or temporary shortages do not constitute an immediate emergency medical reason;
(2) The sale, purchase, or trade of a drug or device, an offer to sell, purchase, or trade a drug or device, or the dispensing of a drug or a device pursuant to a patient specific prescription;
(3) The lawful distribution of drug samples by manufacturers' representatives or distributors' representatives;
(4) The sale, purchase, or trade of a drug or device or an offer to sell, purchase, or trade a drug or device among pharmacies that are under common control; for purposes of these regulations, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract or otherwise. Common ownership transactions shall not include any up charges or fees;
(5) The sale, purchase, or trade of a drug or device or an offer to sell, purchase, or trade a drug or device by a charitable organization described in section 501(c)(3) of the U.S. Internal Revenue Code of 1954 to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
(6) The sale/purchase of a prescription drug or device by a 503a pharmacy to a licensed practitioner for office use, if the total annual dollar volume of these sales/purchases does not exceed five percent (5%) of that pharmacy's total annual prescription sales. In office use is defined as occurring in locations that are not serviced by a pharmacy permit;
(7) Medication transfer from facilities/businesses to meet an immediate need for a specific patient in a quantity no greater than the prescribed amount;
(8) Distribution of drugs or devices for research purposes in humans under an IND to an investigator.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXIII - HOME HEALTH/HOSPICE PERMITS

Current through June 25, 2024
1. Every home
			 health agency, hospice organization or business/location in this state subject
			 to regulation by the Mississippi Board of Pharmacy where certain prescription
			 drugs as approved by the Board are bought, maintained, administered or provided
			 directly to consumers, without the services of a pharmacist being required,
			 shall obtain a permit as a home health/hospice from the Mississippi Board of
			 Pharmacy.
2. To obtain a permit or
			 renew a permit for a home health/hospice, the applicant shall:
A. Submit a written application on a form
			 prescribed by the Board;
B. Submit
			 the required fees as follows:
Fifty dollars ($50.00) for the registration period January 1,
				2012, through December 31, 2013, and each biennial registration period
				thereafter.
Any home health/hospice permit renewal application postmarked
				after December 31 of the renewal period shall be returned and a fifty dollar
				($50.00) late renewal fee shall be assessed prior to renewal.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXVI - PHARMACEUTICAL HEALTH CARE INITIATION AND/OR MODIFICATION OF DRUG THERAPY UNDER PROTOCOL

Current through June 25, 2024
1. Pharmacists may
			 provide pharmaceutical health care to patients by initiating, discontinuing or
			 modifying prescription drug therapy upon entering into an active protocol
			 agreement with a licensed prescribing practitioner. Each protocol must define
			 the parameters by which the practitioner delegates this authority and any such
			 authority granted must be within the scope of the practitioner's prescribing
			 authority and current practice. A copy of the written protocol shall be made
			 available upon request of the Board or an agent of the Board.
For purposes of this ARTICLE, "protocol" shall mean a written
				agreement with a practitioner authorized to prescribe drugs whereby the
				prescribing practitioner delegates to a pharmacist or pharmacists, authority to
				conduct specific initiation, discontinuation or modification of drug therapy
				functions for those patients common to the practitioner and
				pharmacist(s).
2. For a
			 pharmacist to initiate, discontinue or modify drug therapy under protocol a
			 pharmacist must have and maintain an unrestricted license to practice pharmacy
			 issued by the Mississippi Board of Pharmacy and notify the Board pursuant to
			 the Board's licensing system that he/she is operating under a
			 protocol.
3. Protocol agreements
			 shall include, at a minimum, the following:
A.
			 Identification of the practitioner and pharmacist(s) with whom the protocol is
			 written;
B. Specific
			 responsibilities authorized by the practitioner;
C. Patient data the practitioner wishes the
			 pharmacist(s) to collect;
D. Data
			 reporting frequency and methods;
E.
			 The procedures or plan that the pharmacist shall follow upon initiation and/or
			 modification of drug therapy; and
F. The duration of the protocol agreement not
			 to exceed two (2) years.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXVII - DUTIES AND RESPONSIBILITIES OF EXECUTIVE DIRECTOR

Current through June 25, 2024
Pursuant to Section 6. Section
				73-21-79,
				paragraph (3), Mississippi Code of 1972, Annotated, the duties and
				responsibilities of the Executive Director of the Mississippi Board of Pharmacy
				shall be defined by rules and regulations prescribed by the Board as
				follows:
The Executive Director (Director) is the executive officer in
				charge of the office of the Mississippi Board of Pharmacy and he/she shall be
				appointed by the Board. The Director shall serve as the budget officer and
				shall make, keep and be in charge of all records, record books and any files
				required to be maintained by the Board. The Director shall attend to the
				correspondence required by the office, and shall perform such other duties as
				the Board may require in keeping with the office. The Director shall be
				provided with, supervise, and have the aid of clerical, investigative and other
				office staff as necessary for the fulfillment of said duties and
				responsibilities.
1. GENERAL DUTIES
			 AND RESPONSIBILITIES: The Executive Director shall have, but not be limited to,
			 the following responsibilities:
A. Issuance
			 of all licenses, registrations and permits to all pharmacists, businesses,
			 facilities, pharmacies or other persons as authorized by statutes, rules or
			 regulations;
B. Maintaining,
			 preserving, and releasing of any public records which are required to be kept
			 by the Board;
C. Administration of
			 any examinations or tests required under statutes or regulations;
D. Serve as the representative of the Board
			 on any committees, boards or other organizations as necessary to carry out the
			 Board's responsibilities;
E. Act as
			 the Board's agent and cause to be issued and cause to be served, all subpoenas,
			 Orders of the Board, and any Notice of Hearing and Complaint issued to any
			 pharmacist, permit holder, business/facility, registrant or other person under
			 the jurisdiction of the Board and execute the foregoing for and on behalf of
			 the Board;
F. Provide initiative,
			 leadership and input into any proposed legislation or regulations pertaining to
			 the practice of pharmacy, the distribution of prescription drugs, pharmacy
			 technicians and pharmacy externs/interns;
G. Set the agenda for all meetings of the
			 Board, act as recording secretary and be responsible for the preparation of the
			 Minutes of all meetings of the Board;
H. Serve as the Board's representative in the
			 approval of all continuing education as required by Regulations of the
			 Board;
I. Serve as the Board's
			 representative when interacting and/or cooperating with other state or federal
			 agencies or law enforcement entities.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXIX - AUTOMATED PHARMACY SYSTEMS

Current through June 25, 2024
1. Automated
			 pharmacy systems include, but are not limited to, mechanical systems that
			 perform operations or activities relative to the storage, packaging, delivery,
			 or distribution of medications, and which collects, controls and maintains all
			 transaction information. Every pharmacy that utilizes any such automated
			 medication delivery system shall comply with the following.
2. PERSONNEL
The pharmacist-in-charge shall have the following
				responsibilities:
A. Assuring that the
			 automated pharmacy system is in good working order and accurately delivers the
			 correct strength, dosage form and quantity of the medication prescribed while
			 maintaining appropriate record-keeping and security safeguards; and
B. Implementing an ongoing quality assurance
			 program that monitors performance of the automated pharmacy system, which is
			 evidenced by written policies and procedures developed by the pharmacy;
			 and
C. Providing the Board with
			 prior written notice of the installation or removal of any automated pharmacy
			 system. Such notice must include the name and address of the pharmacy, the
			 location of the automated equipment and the identification of the responsible
			 pharmacist.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XL - PHARMACY TECHNICIANS

Current through June 25, 2024
1. INTRODUCTION
Section 73 -21-83, paragraph (2), Mississippi Code of 1972,
				Annotated, specifies that a license to practice pharmacy shall be obtained by
				all persons prior to their engaging in the practice of pharmacy. The "Practice
				of pharmacy" shall mean a health care service that includes, but is not limited
				to, the compounding, dispensing, and labeling of drugs or devices; interpreting
				and evaluating prescriptions; administering and distributing drugs and devices;
				maintaining prescription drug records; advising and consulting concerning
				therapeutic values, content, hazards and uses of drugs and devices; initiating
				or modifying of drug therapy in accordance with written guidelines or protocols
				previously established and approved by the Board; selecting drugs;
				participating in drug utilization reviews; storing prescription drugs and
				devices; ordering lab work in accordance with written guidelines or protocols
				as defined by Section
				73-21-73,
				paragraph (ll), Mississippi Code of 1972, Annotated; providing
				pharmacotherapeutic consultations; supervising supportive personnel and such
				other acts, services, operations or transactions necessary or incidental to the
				conduct of the foregoing.
The only other persons who may perform the above tasks other
				than a licensed pharmacist, and then only under the direct supervision of a
				pharmacist, are the following:
A. A
			 pharmacy intern; and
B. A pharmacy
			 extern.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLI - MEDICAL GAS WHOLESALERS PERMIT

Current through June 25, 2024
1. Every person,
			 business or other entity where medical gas(es) are maintained, bought, sold or
			 distributed within this state shall obtain a permit as a medical gas wholesaler
			 from the Mississippi Board of Pharmacy.
2. To obtain a permit or renew a permit for a
			 medical gas wholesalers permit, the applicant shall:
A. Submit a written application on a form
			 prescribed by the Board;
B. Submit
			 the required fees as follows:
Fifty dollars ($50.00) for the registration period January 1,
				2012, through December 31, 2013, and each biennial registration period
				thereafter.
A penalty of $50.00 shall be added to all late renewals
				postmarked after January 1, of each renewal period.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLII - ADMINISTRATIVE PROCEDURE RULES

Current through June 25, 2024
1. SCOPE
The following Rules of Procedure as contained in this ARTICLE
				shall apply to all pharmacists licensed by the Mississippi Board of Pharmacy
				and all other persons under the jurisdiction of said Board. The purpose of this
				ARTICLE is to implement and enforce the standards of pharmacy and pharmacy
				practice and conduct of all other persons under the jurisdiction of the
				Mississippi Board of Pharmacy as provided for in all state & federal drug
				laws, the Mississippi Pharmacy Practice Act and the Pharmacy Practice
				Regulations of the Mississippi Board of Pharmacy.
2. DEFINITIONS
For purposes of this ARTICLE the following definitions shall
				apply:
A. The word "Board" shall mean
			 the Mississippi Board of Pharmacy.
B. The term "Investigative Staff" shall mean
			 duly sworn Mississippi Board of Pharmacy Compliance Agents.
C. The term "Investigations Review Committee"
			 shall mean a committee composed of two (2) members as designated by the Board
			 to serve on a rotating, no longer than three-consecutive-month basis along with
			 the Board's Executive Director and counsel for the Board.
D. The word "Respondent" shall mean a
			 pharmacist or other person against whom a disciplinary action and proceeding
			 has been initiated by the Mississippi Board of Pharmacy.
E. Masculine terms, when used in the
			 following Rules of Procedure, shall also be deemed to include the
			 feminine.
F. The term "Mississippi
			 Pharmacy Practice Act" shall mean Sections
			 73-21-71,
			 et. seq. of the Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLIII - PRESCRIPTION MONITORING PROGRAM

Current through June 25, 2024
The Mississippi Board of Pharmacy shall operate a Prescription
				Monitoring Program (PMP) as provided for in Mississippi Code Annotated Section
				73-21-127.
1. In addition to the provisions of
			 Mississippi Code Annotated Section
			 73-21-127,
			 the following reporting provisions shall apply:
a. Direct administration of a controlled
			 substance to the body of an ultimate user (such as in an inpatient setting) is
			 exempt from reporting.
b. Any
			 quantity of drug dispensed that is limited to an amount adequate to treat the
			 ultimate user for 48 hours or less is exempt from reporting.
c. Dispensing by a veterinarian is exempt,
			 however prescriptions written by a veterinarian and filled by a pharmacy are
			 required to be reported by the pharmacy.
d. Controlled substance prescriptions
			 dispensed for patients in nursing homes, ICFMRs, and Assisted Living facilities
			 ARE required to be reported.
e.
			 Mail Order pharmacies (in Mississippi, or shipping into Mississippi) shall
			 report to the Mississippi Prescription Monitoring Program.
f. Pharmacies shall report controlled
			 substance dispensing information every twenty-four (24) hours or the next
			 business day.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLIV - SEVERABILITY PROVISION

Current through June 25, 2024
If any ARTICLE, Section, Paragraph, Sentence, Clause, Phrase,
				or any part of the above and foregoing Rules and Regulations of the Mississippi
				Board of Pharmacy is declared to be unconstitutional or void or for any reason
				is declared to be invalid or of no effect, the remaining ARTICLES, Sections,
				Paragraphs, Sentences, Clauses, Phrases, shall be in no manner affected thereby
				but shall remain in full force and effect.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.1 - Application for Permit

Current through June 25, 2024
Pursuant to Part 2640, Chapter 1, Rule 1.9 of the Mississippi
				  Board of Medical Licensure Regulations, every dispensing physician in this
				  State shall obtain a dispensing physician facility permit from the Mississippi
				  Board of Pharmacy for every location where controlled substances or legend
				  drugs are dispensed. The dispensing physician must obtain a certificate to
				  dispense medications from the Mississippi Board of Medical Licensure prior to
				  applying for a dispensing physician facility permit from the Mississippi Board
				  of Pharmacy. Such permit shall be obtained by applying for a permit on a form
				  supplied by the Mississippi Board of Pharmacy and accompanied by a fee of Three
				  Hundred Dollars ($300.00). All physician dispensing facility permits expire on
				  December 31 of each year and shall be renewed annually by submitting a renewal
				  application and a renewal fee of Three Hundred Dollars ($300.00). Any renewal
				  application postmarked after December 31st of the
				  renewal period shall be returned and assessed a Fifty Dollar ($50.00) late fee
				  prior to renewal. Dispensing physician facility permits are not transferable or
				  assignable.
Any physician that utilizes an automated dispensary must
				  obtain a separate Automated Physician Dispensing Facility Permit. Each
				  automated dispensary shall be required to have a separate permit. An automated
				  physician dispensing facility permit shall be obtained by applying on a form
				  supplied by the Mississippi Board of Pharmacy and accompanied by a fee of Three
				  Hundred Dollars ($300.00). All automated physician dispensing facility permits
				  expire on December 31 of each year and shall be renewed annually by submitting
				  a renewal application and a renewal fee of Three Hundred Dollars ($300.00). Any
				  renewal application postmarked after December 31st
				  of the renewal period shall be returned and assessed a Fifty Dollar ($50.00)
				  late fee prior to renewal. Automated dispensing physician facility permits are
				  not transferable or assignable.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.2 - Record Keeping

Current through June 25, 2024
1. Every physician
				holding a physician dispensing facility permit issued by the Board of Pharmacy
				shall keep complete and accurate records of the acquisition and disposition of
				all controlled substances that come into his/her possession to be dispensed. An
				annual inventory shall be conducted on all controlled substances. These records
				shall include:
a. A current dated and signed
				inventory of all controlled substances on hand on the inventory date;
b. Complete and accurate records of receipt
				of all controlled substances;
c.
				Complete and accurate records of disposition of all controlled substances.
Records of acquisition must be maintained for a period of two
				  (2) years. Records of disposition must be maintained for a period of six (6)
				  years. These records shall be kept in such a manner that an audit will show the
				  beginning inventory and record of acquisition of controlled substances to
				  balance with the controlled substances on hand and the record of disposition of
				  controlled substances.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.4 - Labeling

Current through June 25, 2024
The label on the dispensing container shall include:
1. The name and address of the patient to
				whom the medication was dispensed;
2. The date that the medication was
				dispensed;
3. The drug name,
				manufacturer or distributor name and lot number of the drug product
				dispensed;
4. The strength and
				quantity of the medication;
5.
				Directions for taking or administering the medication;
6. The name and address of the physician
				dispensing the medication, and
7.
				Any other information which is necessary or required.
The label shall be affixed to the outside of the container of
				  the dispensed medication by means of adhesive or tape or any other means which
				  will assure that the label remains attached to the container.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.5 - Security

Current through June 25, 2024
In all places where controlled substances are maintained,
				  they shall be maintained in a manner to deter loss by theft or burglary.
				  Storage of controlled substances in any schedule may be made in a securely
				  locked, substantially constructed container or area; or they may be dispersed
				  throughout the stock of non-controlled substances in such a manner as to
				  obstruct the theft or diversion of the controlled substances; or they may be
				  stored by a combination of these methods. Only the dispensing physician or
				  person authorized by the dispensing physician shall have access to this storage
				  area.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.6 - Inventory

Current through June 25, 2024
1. If a facility has a loss of controlled
				substances, a complete inventory of all remaining controlled substances shall
				be made within forty-eight (48) hours of discovery of the loss of controlled
				substances. This inventory shall be dated and signed by the dispensing
				physician conducting the inventory. Any loss or suspected loss of controlled
				substances shall be reported directly to the Mississippi Board of Pharmacy
				immediately upon discovery and a written report made to the Mississippi Board
				of Pharmacy within fifteen (15) days; this written report shall include a copy
				of the inventory required by this ARTICLE.
2. When a facility has a change in ownership,
				or is permanently closed, a complete inventory shall be made of all controlled
				substances at the time of the change. A copy of this inventory shall be kept
				with other records of controlled substances in the facility and a copy shall be
				sent to the office of the Board of Pharmacy. When a facility is permanently
				closed, the dispensing physician shall notify the Board in writing within
				fifteen (15) days by what means and as to whom controlled substances were
				transferred or disposed of.
3.
				Every dispensing physician facility permitted by the Mississippi Board of
				Pharmacy shall take an annual inventory of all controlled substances on hand on
				or about May 1 but no later than May 15. A facility may conduct the controlled
				substance inventory at another date so long as the annual inventory is
				conducted during the same period each year. This inventory shall be maintained
				with the other controlled substance records of the facility.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.7 - Disposal of Controlled Substances

Current through June 25, 2024
1. Any dispensing
				physician authorized to possess controlled substances in the course of his/her
				professional practice or the course of his/her business may dispose of any
				expired, excess or unwanted controlled substances by contacting and utilizing
				the services of a reverse distributor as defined by the Federal Drug
				Enforcement Administration. Any such reverse distributor must hold a valid
				Certificate of Registration Number issued by the Federal Drug Enforcement
				Administration and the Mississippi Board of Pharmacy. All records of the
				disposal of controlled substances shall be maintained for a period of two (2)
				years.
2. A dispensing physician
				facility permitted by the Mississippi Board of Pharmacy in which controlled
				substances are administered to patients, may make on-premises destruction of
				controlled substances provided:
a. The
				controlled substance is the remainder of a prepackaged single dosage unit or
				unit of use.
b. At least part of
				the unit dose or unit of use was administered.
c. The destruction is recorded showing:
i. The name of the drug;
ii. The amount of the drug which was
				administered and the amount of the drug which was destroyed;
iii. The time and the date of destruction;
iv. The name of the
				patient;
v. The name of the person
				administering the drug;
vi. The
				signature of the person (physician or nurse) making the destruction;
vii. The signature of a second person who
				witnessed the destruction.
d. The record of the destruction is
				maintained by the facility.
e. A
				single dosage unit or any unit of use of a controlled substance which (1) is
				broken, (2) becomes contaminated, (3) or for any reason cannot be used, may be
				destroyed on premise provided the destruction is documented.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVII - PHYSICIAN DISPENSING FACILITY PERMITS › Section 30-3001-XLVII.8 - Automated Dispensaries

Current through June 25, 2024
1. Any physician
				utilizing an automated dispensary will be responsible for developing and
				implementing written policies and procedures to ensure safety, accuracy,
				accountability, security, patient confidentiality and maintenance of the
				quality, potency and purity of the medications dispensed by the automated
				dispensary.
2. Any physician
				utilizing an automated dispensary will be responsible for the proper
				maintenance and inventory/accountability requirements as if the physician were
				personally dispensing the medications to the patients from his or her
				medication stock/inventory in his/her personal practice.
3. An automated dispensary may only be
				stocked by the inventory/stock from a single physician and may not dispense
				controlled substances.
4. The
				stocking of an automated dispensary shall be performed only by the responsible
				physician. This task may not be delegated.
5. All medications dispensed from the
				automated dispensary shall comply with the labeling requirements of Section 4
				of this regulation.
6. No
				medication may be dispensed from an automated dispensary unless the patient has
				first had an initial or follow-up visit with the physician.
7. Any automated dispensing system shall
				maintain an electronic record of all information related to each and every
				medication dispensed including, but not limited to, all label information and
				date and time of dispensing.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVIII - TELEPHARMACY › Section 30-3001-XLVIII.1 - Purpose and Scope

Current through June 25, 2024
As market forces continue to adversely impact community
				  pharmacies, some pharmacies have or will close permanently. In certain parts of
				  the state, such closures create critical access issues for citizens in need of
				  pharmacy services. As the pharmacy workforce continues to evolve, with changing
				  patterns of distribution of the workforce, certain parts of the state have
				  experienced a shortage of pharmacists, which can adversely impact access to
				  pharmacist care. In an effort to improve access to pharmacist care and pharmacy
				  services, the Board has determined it appropriate to establish standards for
				  the operation and regulation of telepharmacy services.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVIII - TELEPHARMACY › Section 30-3001-XLVIII.2 - Definitions

Current through June 25, 2024
For the purposes of this Article:
(a) "Supervising pharmacy" means a permitted
				pharmacy in Mississippi that supervises a telepharmacy dispensing
				site.
(b) "Still image capture"
				means a specific image captured electronically from a video or other image
				capture device.
(c) "Store and
				forward" means a video or still image record which is saved electronically for
				future review.
(d) "Telepharmacy
				dispensing site" means a permitted pharmacy supervised by a supervising
				pharmacy that offers pharmacy services using a telepharmacy system.
(e) "Telepharmacy system" means a system that
				monitors the dispensing of prescription drugs and provides for related drug use
				review and patient counseling services by an electronic method which shall
				include the use of the following types of technology:
1. Audio and video;
2. Still image capture; and
3. Store and forward
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XLVIII - TELEPHARMACY › Section 30-3001-XLVIII.3 - Telepharmacy Dispensing Site

Current through June 25, 2024
A. General
				Requirements
1. At the time of its opening,
				there shall be no other pharmacies licensed by the board within a fifteen (15)
				mile radius of the location of the telepharmacy dispensing site. The Board may
				grant a waiver to the mileage restriction if the Board determines there is an
				appropriate need for a waiver.
2. A
				telepharmacy dispensing site permit shall authorize the permit holder to
				procure and possess prescription and non-prescription drugs and devices, and:
a. hold such items for immediate
				administration directly to a patient pursuant to an order from a lawful
				prescriber;
b. dispense such items
				to a patient for later use upon the order of a practitioner with prescriptive
				authority; orc. distribute such items to another entity with lawful authority
				to procure and possess such items.
3. In the event the telepharmacy dispensing
				site intends to procure and possess any controlled substances, that pharmacy
				shall first obtain a Controlled Substance Registration as well as the federal
				registration from the U.S. Drug Enforcement Administration.
4. The telepharmacy dispensing site shall
				operate using a telepharmacy system under the control of its supervising
				pharmacy.
5. A supervising pharmacy
				may supervise no more than two telepharmacy dispensing sites, and the
				supervising pharmacy and all such telepharmacy dispensing sites must be located
				within the state of Mississippi.
6.
				The minimum staffing requirement for a telepharmacy dispensing site shall be a
				certified pharmacy technician with at least two years of experience as a
				certified pharmacy technician and with demonstrated proficiency in operating
				the telepharmacy system used in the telepharmacy dispensing site.
7. A pharmacist shall approve each
				prescription before it is taken away from the telepharmacy dispensing
				site.
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 30-3002-1.1 - Composition of the Board

Current through June 25, 2024
The State Board of Pharmacy shall consist of seven (7)
				  appointed members. At least one (1) appointment shall be made from each of the
				  five (5) congressional districts as they existed on July 1, 2001. Each
				  appointed member of the Board shall be appointed by the Governor, with the
				  advice and consent of the Senate, from a list of five (5) names submitted by
				  the Mississippi Pharmacists Association with input from the Magnolia
				  Pharmaceutical Society, the Mississippi Independent Pharmacies Association
				  (MIPA). Mississippi Society of Health-System Pharmacists (MSHP) and Mississippi
				  College of Clinical Pharmacy (MCCP) and other pharmacist associations or
				  societies. Of the members appointed, one (1) shall, at the time of appointment,
				  have had five (5) years' experience as a pharmacist at a facility holding an
				  institutional permit, and one (1) shall, at the time of appointment, have had
				  five (5) years' experience as a pharmacist at a facility holding a retail
				  permit. Any person appointed to the Board shall be limited to two (2) full
				  terms of office during any fifteen-year period. Members of the Board shall be
				  appointed for terms of five (5) years from the expiration date of the previous
				  terms. Any vacancy on the Board prior to the expiration of a term for any
				  reason, including resignation, removal, disqualification, death or disability,
				  shall be filled by appointment of the Governor for the balance of the unexpired
				  term. The Mississippi Pharmacists Association with input from the Magnolia
				  Pharmaceutical Society, the Mississippi Independent Pharmacies Association
				  (MIPA). Mississippi Society of Health-System Pharmacists (MSHP) and Mississippi
				  College of Clinical Pharmacy (MCCP) and other pharmacist associations or
				  societies, shall submit a list of nominees no more than thirty (30) days after
				  a vacancy occurs, and the Governor shall fill such vacancies within ninety (90)
				  days after each such vacancy occurs. If an election is required to narrow the
				  number of potential candidates for nominations to the Board, the Mississippi
				  Pharmacists Association shall provide a ballot to each pharmacist holding a
				  valid Mississippi license.
Miss. Code Ann. §
										73-21-75.