MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Robinson (84th)

AN ACT TO AUTHORIZE PHYSICIANS TO PRESCRIBE FENFLURAMINE, ALSO KNOWN AS REDUX, WITHOUT RESTRICTIONS; TO AMEND SECTION 41-29-137, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified in Chapter 29 of Title 41, Mississippi Code of 1972:

No laws, rules or regulations shall restrict or infringe upon the ability of a duly licensed Mississippi physician to treat obese patients by prescribing for them certain medications which have been approved by the United States Food and Drug Administration for weight reduction and maintenance of weight loss. Such prescription medications include fenfluramine, its salts and isomers, and salts of isomers. Pharmacotherapy for obese patients shall be available as part of a comprehensive weight control program which includes diet, exercise and behavior modification.

SECTION 2. Section 41-29-137, Mississippi Code of 1972, is amended as follows:

41-29-137. (a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II, as set out in Section 41-29-115, may be dispensed without the written prescription of a practitioner. A practitioner shall keep a record of all controlled substances in Schedule I, II and III administered, dispensed or professionally used by him otherwise than by prescription.

In emergency situations, as defined by rule of the State Board of Pharmacy, said Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of Section 41-29-133. No prescription for a Schedule II substance may be refilled unless renewed by prescription issued by a licensed medical doctor.

(b) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV, as set out in Sections 41-29-117 and 41-29-119, which is a prescription drug as determined under Federal Control Substance Act, shall not be dispensed without a written or oral prescription of a practitioner. Except as otherwise provided by Section 1 of this act, the prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

(c) A controlled substance included in Schedule V, as set out in Section 41-29-121, shall not be distributed or dispensed other than for a medical purpose.

SECTION 3. This act shall take effect and be in force from and after its passage.