2006 Regular Session
To: Public Health and Human Services
By: Representative Holland
AN ACT TO AMEND SECTION 73-21-83, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE BOARD OF PHARMACY TO PROMULGATE RULES CONTAINING PROVISIONS FOR APPLICATION REQUIREMENTS FOR WHOLESALE DISTRIBUTORS, CHAIN PHARMACY WAREHOUSES AND REPACKAGERS, AND RULES FOR THE ESTABLISHMENT OF A PEDIGREE TO BE USED BY THOSE PERSONS TO INSURE THE INTEGRITY OF DRUGS THAT LEAVE THE NORMAL DISTRIBUTION CHANNEL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-21-83, Mississippi Code of 1972, is amended as follows:
73-21-83. (1) The board shall be responsible for the control and regulation of the practice of pharmacy, to include the regulation of pharmacy externs or interns and pharmacist technicians, in this state, the regulation of the wholesaler distribution of drugs and devices as defined in Section 73-21-73, and the distribution of sample drugs or devices by manufacturer's distributors as defined in Section 73-21-73 by persons other than the original manufacturer or distributor in this state.
(2) A license for the practice of pharmacy shall be obtained by all persons prior to their engaging in the practice of pharmacy. However, the provisions of this chapter shall not apply to physicians, dentists, veterinarians, osteopaths or other practitioners of the healing arts who are licensed under the laws of the State of Mississippi and are authorized to dispense and administer prescription drugs in the course of their professional practice.
(3) The initial licensure fee shall be set by the board but shall not exceed Two Hundred Dollars ($200.00).
(4) All students actively enrolled in a professional school of pharmacy accredited by the American Council on Pharmaceutical Education who are making satisfactory progress toward graduation and who act as an extern or intern under the direct supervision of a pharmacist in a location permitted by the Board of Pharmacy must obtain a pharmacy student registration prior to engaging in such activity. The student registration fee shall be set by the board but shall not exceed One Hundred Dollars ($100.00).
(5) All persons licensed to practice pharmacy prior to July 1, 1991, by the State Board of Pharmacy under Section 73-21-89 shall continue to be licensed under the provisions of Section 73-21-91.
(6) (a) The board shall promulgate rules regarding the issuance and renewal of licenses and permits under this chapter that shall contain, but not be limited to:
(i) Provisions for new or renewal application requirements for both in and out of state wholesale distributors, chain pharmacy warehouses, and repackagers shipping into Mississippi. Requirements for new and renewal applications, if such information has not been previously provided to the board, shall include, but not be limited to, the following:
1. Type of ownership (individual, partnership or corporation);
2. Names of principal owners or officers and social security numbers;
3. Name of designated representative and social security number;
4. Criminal background checks of applicants and designated representative as required by rule;
5. Copy of license in home state; and
6. Bond requirements; and
(ii) Rules for the establishment of a pedigree or electronic file to be used by wholesale distributors, chain pharmacy warehouses and repackagers for the purpose of ensuring the integrity of drugs owned, purchased, distributed, returned, transferred and sold when the products leave the normal distribution channel.
(b) The rule making process shall include manufacturers, wholesale distributors, chain pharmacy warehouses and repackagers for their input.
(c) Independent pharmacies and chain pharmacies shall not be responsible for verification or adjudication of the pedigree for pharmaceuticals.
(d) The board may use an outside agency to accredit wholesale distributors and repackagers, i.e. the National Association of Boards of Pharmacy's (NABP) Verified Accredited Wholesale Distributors (VAWD) program. Wholesalers that are accredited by the VAWD program may be exempted from some of the above requirements by the board.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.