MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Public Health and Human Services

By: Representative Bentz

House Bill 1391

AN ACT TO PROVIDE THAT RESIDENTS OF MISSISSIPPI MUST HAVE HAD A PHYSICAL EXAMINATION BY A PHYSICIAN LICENSED IN MISSISSIPPI BEFORE THEY MAY PURCHASE A PRESCRIPTION DRUG ON THE INTERNET; TO REQUIRE ANY PERSON OR ENTITY THAT SELLS PRESCRIPTION DRUGS TO RESIDENTS OF MISSISSIPPI ON THE INTERNET TO REQUEST AND RECEIVE DOCUMENTATION THAT A RESIDENT HAS HAD THE REQUIRED PHYSICAL EXAMINATION BEFORE SELLING ANY PRESCRIPTION DRUG TO THAT RESIDENT; TO REQUIRE THE STATE BOARD OF PHARMACY TO ADOPT RULES AND REGULATIONS TO PROVIDE FOR THE MONITORING AND ENFORCEMENT OF THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Before any person who is a resident of Mississippi may purchase a prescription drug on the Internet, the person first must have had a physical examination by a physician licensed in Mississippi.  Any person or entity that sells prescription drugs to residents of Mississippi on the Internet must request and receive documentation that a resident has had the physical examination required by this section before the person or entity may sell any prescription drug to that resident.  The documentation may be provided in electronic form.

     (2)  The State Board of Pharmacy shall adopt rules and regulations to provide for the monitoring and enforcement of the provisions of this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.