2004 Regular Session
To: Public Health and Human Services
By: Representative Read
AN ACT TO AMEND SECTION 73-21-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DURING INSPECTIONS OF PHARMACIES BY THE STATE BOARD OF PHARMACY, THE BOARD REPRESENTATIVE MAY REQUEST THAT THE OWNER, PHARMACIST OR AGENT IN CHARGE OF THE FACILITY PRINT OR REPRODUCE RECORDS, REPORTS AND OTHER DOCUMENTS THAT ARE REQUIRED TO BE KEPT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-21-107, Mississippi Code of 1972, is amended as follows:
73-21-107. (1) The board or its representative may enter and inspect, during reasonable hours, a facility that has obtained or applied for a permit under Section 73-21-105 relative to the following:
(a) Drug storage and security;
(c) Sanitary conditions; or
(d) Records, reports, or other documents required to be kept or made under this chapter or the Uniform Controlled Substances Law (Section 41-29-101 et seq.) or rules and regulations adopted under such laws.
(2) Before an entry and inspection, the board representative shall state his purpose and present appropriate credentials to the owner, pharmacist or agent in charge of a facility.
(3) The board representative may:
(a) Inspect, copy or request that the owner, pharmacist or agent in charge of a facility print or reproduce records, reports, and other documents required to be kept or made under this chapter, the Uniform Controlled Substances Law, or rules and regulations adopted under those laws;
(b) Inspect, within reasonable limits and in a reasonable manner, a facility's storage, equipment, security, records, or prescription drugs or devices; or
(c) Inventory any stock of any prescription drugs or devices in the facility.
(4) Unless the owner, pharmacist, or agent in charge of the facility consents in writing, an inspection authorized by this section may not extend to:
(a) Financial data;
(b) Sales data other than shipment data; or
(c) Pricing data.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.