MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Doty, Carter, Jackson (11th)

Senate Bill 2840

(As Passed the Senate)

AN ACT TO BE KNOWN AS THE OPIOID CRISIS INTERVENTION ACT; TO AMEND SECTION 41-29-149.1, MISSISSIPPI CODE OF 1972, TO EXPAND THE TYPES OF DRUG VIOLATIONS FOR WHICH A PERSON MAY NOT BE PROSECUTED WHEN COMPLYING WITH THE MISSISSIPPI MEDICAL EMERGENCY GOOD SAMARITAN ACT; TO AMEND SECTION 41-127-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TELEMEDICINE PROVIDERS SHALL BE ALLOWED TO PROVIDE TREATMENT FOR SUBSTANCE USE DISORDERS, INCLUDING MEDICATION-ASSISTED TREATMENT; TO DIRECT THE STATE BOARD OF MEDICAL LICENSURE TO ADOPT REASONABLE REGULATIONS THAT ALLOW PRIMARY CARE PHYSICIANS TO PROVIDE MAINTENANCE THERAPY FOR PERSONS WITH IDENTIFIED SUBSTANCE USE DISORDERS AND ALLOW THOSE PHYSICIANS TO PROVIDE THAT TREATMENT UNTIL THE PERSON CAN RECEIVE TREATMENT FROM A LICENSED TREATMENT PROVIDER; TO AUTHORIZE MUNICIPALITIES, COUNTIES AND PUBLIC OR PRIVATE EDUCATIONAL INSTITUTIONS TO ADOPT A PRE-ARREST DIVERSION PROGRAM IN WHICH LAW ENFORCEMENT OFFICERS OF THE ENTITY MAY DIVERT ADULTS WHO COMMIT A NONVIOLENT MISDEMEANOR OFFENSE; TO PROVIDE THAT ADULTS WHO ARE DIVERTED SHALL BE PROVIDED APPROPRIATE ASSESSMENT, INTERVENTION, EDUCATION AND BEHAVIORAL HEALTH CARE SERVICES; TO PROVIDE THAT IF THE ADULT DOES NOT PARTICIPATE IN THE PRE-ARREST DIVERSION PROGRAM, THE LAW ENFORCEMENT AGENCY MAY CRIMINALLY CHARGE THE ADULT FOR THE ORIGINAL OFFENSE AND REFER THE CASE TO THE APPROPRIATE PROSECUTING AGENCY TO DETERMINE IF PROSECUTION IS APPROPRIATE; TO PROVIDE THAT IF THE ADULT SUCCESSFULLY COMPLETES THE PROGRAM, AN ARREST RECORD SHALL NOT BE ASSOCIATED WITH THE OFFENSE; TO AMEND SECTION 9-23-13, MISSISSIPPI CODE OF 1972, TO REQUIRE DRUG COURTS TO ALLOW MEDICATION-ASSISTED TREATMENT FOR PARTICIPANTS WHEN MEDICALLY APPROPRIATE; TO BRING FORWARD SECTIONS 41-29-137, 41-29-319, 41-29-321, 73-9-13, 73-21-127 AND 73-43-11 MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  This act shall be known and may be cited as the Opioid Crisis Intervention Act.

     SECTION 2.  Section 41-29-149.1, Mississippi Code of 1972, is amended as follows:

     41-29-149.1.  (1)  This section shall be known as the "Mississippi Medical Emergency Good Samaritan Act."

     (2)  As used in this section, the following words shall have the meanings ascribed:

          (a)  "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance or dangerous drug in violation of this chapter or that a layperson would reasonably believe to be resulting from the consumption or use of a controlled substance or dangerous drug for which medical assistance is required.

          (b)  "Drug violation" means * * *:

    (i)   a violation of Section 41-29-139 * * *for possession of a controlled substance if the aggregate weight, including any mixture, is less than four (4) grams of a solid substance, less than twenty (20) dosage units, less than one (1) milliliter of liquid substance, or, if the substance is placed onto a secondary medium, has a combined weight of less than four (4) grams;

    (ii)  A violation of Section 41‑29‑139 for possession of thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids; or

    (iii)  A violation of Section 41‑29‑139(d)(2) relating to possession and use of paraphernalia, 41-29-144, 41-29-145, 67-1-17, 67-1-81(2), 67-3-13 or 67-3-70.

          (c)  "Medical assistance" means aid provided to a person experiencing or believed to be experiencing a drug overdose by a health care professional who is licensed, registered, or certified under the laws of this state and who, acting within the lawful scope of practice, may provide diagnosis, treatment, or emergency services relative to the overdose.

          (d)  "Seeks medical assistance" means accesses or assists in accessing the E-911 system or otherwise contacts or assists in contacting law enforcement or a poison control center or provides care to a person experiencing or believed to be experiencing a drug overdose while awaiting the arrival of medical assistance to aid the person.

     (3)  (a)  Any person who in good faith seeks medical assistance for someone who is experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.

          (b)  Any person who is experiencing a drug overdose and, in good faith, seeks medical assistance or is the subject of a request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.

          (c)  A person shall also not be subject to, if related to the seeking of medical assistance:

              (i)  Penalties for a violation of a permanent or temporary protective order or restraining order;

              (ii)  Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation; or

              (iii)  Forfeiture of property pursuant to Section 41-29-153 or 41-29-176 for a drug violation, except that prima facie contraband shall be subject to forfeiture.

     (4)  Nothing in this section shall be construed:

          (a)  To limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (3) of this section or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to subsection (3) of this section;

          (b)  To limit any seizure of evidence or contraband otherwise permitted by law; and

          (c)  To limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (3) of this section.

     SECTION 3.  Section 41-127-1, Mississippi Code of 1972, is amended as follows:

     41-127-1.  Subject to the limitations of the license under which the individual is practicing, a health care practitioner licensed in this state may prescribe, dispense, or administer drugs or medical supplies, or otherwise provide treatment recommendations to a patient after having performed an appropriate examination of the patient either in person or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically.  Treatment recommendations made via electronic means, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional provider-patient settings.

     Notwithstanding any other provision of law, rule or regulation, telemedicine providers shall be authorized to provide treatment for substance use disorders, including medication-assisted treatment.

     SECTION 4.  The State Board of Medical Licensure shall adopt reasonable regulations that allow primary care physicians to provide maintenance therapy for persons with identified substance use disorders and allow those physicians to provide that treatment until the person can receive treatment from a licensed treatment provider.

     SECTION 5.  (1)  A municipality, county or public or private educational institutions may adopt a pre-arrest diversion program in which:

          (a)  Law enforcement officers of the entity that adopted the program, at their sole discretion, may divert adults who commit a nonviolent misdemeanor offense.  Adults who are diverted shall report for intake as required by the pre-arrest diversion program and shall be provided appropriate assessment, intervention, education and behavioral health care services.  If the adult does not participate in the pre-arrest diversion program, the law enforcement agency may criminally charge the adult for the original offense and refer the case to the appropriate prosecuting agency to determine if prosecution is appropriate.  If the adult successfully completes the program, an arrest record shall not be associated with the offense.

          (b)  A municipality, county or public or private educational institution that adopts a pre-arrest diversion program shall create a steering committee for the program to develop policies and procedures for the program, including, but not limited to, eligibility criteria, program implementation and operation, and the fee to be paid by adults participating in the program.  At a minimum, the steering committee must be composed of representatives of the law enforcement agencies participating in the program, a representative of the program services provider, a public defender or his or her designee, a prosecuting attorney or his or her designee, a clerk of the circuit court or his or her designee, and other interested stakeholders.

     (2)  This section does not preempt a county or municipality from enacting noncriminal sanctions for a violation of an ordinance or other violation, and does not preempt a county, municipality or public or private educational institution from creating its own model for a pre-arrest diversion program for adults.

     SECTION 6.  Section 9-23-13, Mississippi Code of 1972, is amended as follows:

     9-23-13.  (1)  A drug court's alcohol and drug intervention component shall provide for eligible individuals, either directly or through referrals, a range of necessary court intervention services, including, but not limited to, the following:

          (a)  Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;

          (b)  Clinical assessment;

          (c)  Education;

          (d)  Referral;

          (e)  Service coordination and case management; * * * and

          (f)  Counseling and rehabilitative care * * *.; and

          (g)  Medication-assisted treatment when supported by evidenced-based practices.

     (2)  Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.

     SECTION 7.  Section 41-29-137, Mississippi Code of 1972, is brought forward as follows:

     41-29-137.  (a)  (1)  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 valid 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.

          (2)  In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed upon the oral valid 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, shall not be dispensed without a written or oral valid prescription of a practitioner.  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.

     (d)  An optometrist certified to prescribe and use therapeutic pharmaceutical agents under Sections 73-19-153 through 73-19-165 shall be authorized to prescribe oral analgesic controlled substances in Schedule IV or V, as pertains to treatment and management of eye disease by written prescription only.

     (e)  Administration by injection of any pharmaceutical product authorized in this section is expressly prohibited except when dispensed directly by a practitioner other than a pharmacy.

     (f)  (1)  For the purposes of this article, Title 73, Chapter 21, and Title 73, Chapter 25, Mississippi Code of 1972, as it pertains to prescriptions for controlled substances, a "valid prescription" means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by:

              (A)  A practitioner who has conducted at least one (1) in-person medical evaluation of the patient; or

              (B)  A covering practitioner.

          (2)  (A)  "In-person medical evaluation" means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.

              (B)  "Covering practitioner" means a practitioner who conducts a medical evaluation other than an in-person medical evaluation at the request of a practitioner who has conducted at least one (1) in-person medical evaluation of the patient or an evaluation of the patient through the practice of telemedicine within the previous twenty-four (24) months and who is temporarily unavailable to conduct the evaluation of the patient.

          (3)  A prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire is not a valid prescription.

          (4)  Nothing in this subsection (b) shall apply to:

              (A)  A prescription issued by a practitioner engaged in the practice of telemedicine as authorized under state or federal law; or

              (B)  The dispensing or selling of a controlled substance pursuant to practices as determined by the United States Attorney General by regulation.

     SECTION 8.  Section 41-29-319, Mississippi Code of 1972, is brought forward as follows:

     41-29-319.  (1)  This section shall be known as the "Emergency Response and Overdose Prevention Act."

     (2)  As used in this section, the following terms shall be defined as provided in this subsection:

          (a)  "Practitioner" means a physician licensed to practice medicine in this state or any licensed health care provider who is authorized to prescribe an opioid antagonist.

          (b)  "Opioid antagonist" means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid-related overdose.

          (c)  "Opioid-related overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined for which medical assistance is required.

          (d)  "Emergency medical technician" means an individual who possesses a valid emergency medical technician's certificate issued under Section 41-59-33.

     (3)  (a)  A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may directly or by standing order prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a registered pain management clinic, family member, friend or other person in a position to assist such person at risk of experiencing an opioid-related overdose.

          (b)  A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may issue a standing order to one or more individual pharmacies that authorizes the pharmacy to dispense an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a family member, friend or other person in a position to assist such person at risk of experiencing an opioid-related overdose, without the person to whom the opioid antagonist is dispensed needing to have an individual prescription.

     (4)  A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists under a prescription or a standing order issued in accordance with subsection (3) of this section.  However, before a pharmacist may dispense an opioid antagonist under the authority of subsection (3)(b) of this section, the pharmacist must complete a training program approved by the State Board of Pharmacy on opioid antagonists. 

     (5)  A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid-related overdose may administer an opioid antagonist that was prescribed or authorized by a standing order in accordance with subsection (3) of this section.

     (6)  Emergency medical technicians, firefighters and law enforcement officers acting in good faith shall be authorized and permitted to administer an opioid antagonist as clinically indicated.  Failure of an emergency medical technician, firefighter or law enforcement officer to act shall not expose such person to any criminal or civil liability.

     (7)  The following individuals are immune from any civil or criminal liability or professional licensing sanctions for the following actions authorized by this section:

          (a)  Any practitioner who prescribes or issues a standing order for an opioid antagonist in accordance with subsection (3) of this section;

          (b)  Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist under a prescription or standing order issued in accordance with subsection (3) of this section;

          (c)  Any person other than a practitioner who administers an opioid antagonist in accordance with subsection (5) of this section; and

          (d)  Any emergency medical technician, firefighters and law enforcement officers who administers an opioid antagonist in accordance with subsection (6) of this section.

     SECTION 9.  Section 41-29-321, Mississippi Code of 1972, is brought forward as follows:

     41-29-321.  The Mississippi State Department of Health shall create and offer training for first responders that meets the following criteria:

          (a)  The course content must include:

              (i)  The signs and symptoms of an opioid overdose;

              (ii)  The protocols and procedures for administration of an opioid antagonist;

              (iii)  The signs and symptoms of an adverse reaction to an opioid antagonist;

              (iv)  The protocols and procedures to stabilize the patient if an adverse response occurs;

              (v)  The procedures for storage, transport and security of the opioid antagonist.

          (b)  The method of opioid antagonist administration being taught.

          (c)  Training will be overseen by a physician or pharmacist licensed in this state.

          (d)  Subject to the oversight required in paragraph (c) of this section, training may be provided by the employer of the first responder.

          (e)  First responders trained to possess and administer opioid antagonists must be retrained at least every three (3) years.

     SECTION 10.  Section 73-9-13, Mississippi Code of 1972, is brought forward as follows:

     73-9-13.  The State Board of Dental Examiners shall each year elect from their number a president, vice president and secretary-treasurer to serve for the coming year and until their successors are qualified.  Only dentist members of the board may hold the offices of president and vice president.  The board shall have a seal with appropriate wording to be kept at the offices of the board.  The secretary and the executive director of the board shall be required to make bond in such sum and with such surety as the board may determine.  It shall be the duty of the executive director to keep a complete record of the acts and proceedings of the board and to preserve all papers, documents and correspondence received by the board relating to its duties and office.

     The board shall have the following powers and duties:

          (a)  To carry out the purposes and provisions of the state laws pertaining to dentistry and dental hygiene, and the practice thereof and matters related thereto, particularly Sections 73-9-1 through 73-9-117, together with all amendments and additions thereto.

          (b)  To regulate the practice of dentistry and dental hygiene and to promulgate reasonable regulations as are necessary or convenient for the protection of the public; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of dentists that conflicts with the prohibitions in Section 73-49-3.

          (c)  To make rules and regulations by which clinical facilities within institutions, schools, colleges, universities and other agencies may be recognized and approved for the practice of dentistry or of dental hygiene by unlicensed persons therein, as a precondition to their being excepted from the dental practice act and authorized in accordance with Section 73-9-3(g) and (h).

          (d)  To provide for the enforcement of and to enforce the laws of the State of Mississippi and the rules and regulations of the State Board of Dental Examiners.

          (e)  To compile at least once each calendar year and to maintain an adequate list of prospective dentist and dental hygienist appointees for approval by the Governor as provided for elsewhere by law.

          (f)  To issue licenses and permits to applicants when found to be qualified.

          (g)  To provide for reregistration of all licenses and permits duly issued by the board.

          (h)  To maintain an up-to-date list of all licensees and permit holders in the state, together with their addresses.

          (i)  To examine applicants for the practice of dentistry or dental hygiene at least annually.

          (j)  To issue licenses or duplicates and reregistration/renewal certificates, and to collect and account for fees for same.

          (k)  To maintain an office adequately staffed insofar as funds are available for the purposes of carrying out the powers and duties of the board.

          (l)  To provide by appropriate rules and regulations, within the provisions of the state laws, for revoking or suspending licenses and permits and a system of fines for lesser penalties.

          (m)  To prosecute, investigate or initiate prosecution for violations of the laws of the state pertaining to practice of dentistry or dental hygiene, or matters affecting the rights and duties, or related thereto.

          (n)  To provide by rules for the conduct of as much board business as practicable by mail, which, when so done, shall be and have the same force and effect as if done in a regular meeting duly organized.

          (o)  To adopt rules and regulations providing for the reasonable regulation of advertising by dentists and dental hygienists.

          (p)  To employ, in its discretion, a duly licensed attorney to represent the board in individual cases.

          (q)  To employ, in its discretion, technical and professional personnel to conduct dental office sedation site visits, administer and monitor state board examinations and carry out the powers and duties of the board.

     SECTION 11.  Section 73-21-127, Mississippi Code of 1972, is brought forward as follows:

     73-21-127.  The Board of Pharmacy shall develop and implement a computerized program to track prescriptions for controlled substances and to report suspected abuse and misuse of controlled substances in compliance with the federal regulations promulgated under authority of the National All Schedules Prescription Electronic Reporting Act of 2005 and in compliance with the federal HIPAA law, under the following conditions:

          (a)  Submission or reporting of dispensing information shall be mandatory and required by the State Board of Pharmacy for any entity dispensing controlled substances in or into the State of Mississippi, except for the dispensing of controlled substance drugs by a veterinarian residing in the State of Mississippi.

          (b)  The prescriptions tracked shall be prescriptions for controlled substances listed in Schedule II, III, IV or V and specified noncontrolled substances identified by the State Board of Pharmacy that are dispensed to residents in the State of Mississippi by licensed pharmacies, nonresident pharmacies, institutions and dispensing practitioners, regardless of dispenser location.

          (c)  The Board of Pharmacy shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide them with the relevant information obtained for further investigation.

          (d)  The program shall provide information regarding the potential inappropriate use of controlled substances and the specified noncontrolled substances to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of these controlled substances.  The specific purposes of the program shall be to:  be proactive in safeguarding public health and safety; support the legitimate use of controlled substances; facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified noncontrolled drugs; identify and prevent drug diversion; provide assistance to those state and federal law enforcement and regulatory agencies investigating cases of drug diversion or other misuse; and inform the public and health care professionals of the use and abuse trends related to controlled substance and specified noncontrolled drugs.

          (e)  (i)  Access to collected data shall be confidential and not subject to the provisions of the federal Freedom of Information Act or the Mississippi Public Records Act.  Upon request, the State Board of Pharmacy shall provide collected information to:  pharmacists or practitioners who are properly registered with the State Board of Pharmacy and are authorized to prescribe or dispense controlled substances for the purpose of providing medical and pharmaceutical care for their patients; local, state and federal law enforcement officials engaged in the administration, investigation or enforcement of the laws governing illicit drug use; regulatory and licensing boards in this state; Division of Medicaid regarding Medicaid and Medicare Program recipients; judicial authorities under grand jury subpoena; an individual who requests the individual's own prescription monitoring information; and prescription monitoring programs in other states through mutual agreement adhering to State Board of Pharmacy policies.

              (ii)  The Director of the Mississippi Bureau of Narcotics, or his designee, shall have access to the Prescription Monitoring Program (PMP) database for the purpose of investigating the potential illegal acquisition, distribution, dispensing, prescribing or administering of the controlled and noncontrolled substances monitored by the program, subject to all legal restrictions on further dissemination of the information obtained.

              (iii)  The State Board of Pharmacy may also provide statistical data for research or educational purposes if the board determines the use of the data to be of significant benefit to public health and safety.  The board maintains the right to refuse any request for PMP data.

              (iv)  A pharmacist licensed by the Mississippi Board of Pharmacy must be a registered user of the PMP.  Failure of a pharmacist licensed by the Mississippi Board of Pharmacy to register as a user of the PMP is grounds for disciplinary action by the board.

              (v)  All licensed practitioners as defined under Section 73-21-73(cc) holding an active DEA number shall register as users of the PMP.

          (f)  The Prescription Monitoring Program through the Board of Pharmacy may:

              (i)  Establish the cost of administration, maintenance, and operation of the program and charge to like agencies a fee based on a formula to be determined by the board with collaboration and input from participating agencies; and

              (ii)  Assess charges for information and/or statistical data provided to agencies, institutions and individuals.  The amounts of those fees shall be set by the Executive Director of the Board of Pharmacy based on the recommendation of the Director of the PMP.

     All such fees collected shall be deposited into the special fund of the State Board of Pharmacy and used to support the operations of the PMP.

          (g)  A dispenser pharmacist or practitioner licensed to dispense controlled substances and specified noncontrolled substance drugs who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information shall be subject to actions against the pharmacist's or practitioner's license, registrations or permit and/or an administrative penalty as provided in Sections 73-21-97 and 73-21-103.  Any misuse of the PMP is subject to penalties as provided in Sections 73-21-97 and 73-21-103.

          (h)  The Board of Pharmacy and the Prescription Monitoring Program shall be immune from civil liability arising from inaccuracy of any of the information submitted to the program.

          (i)  "Practitioner," as used in this section, shall include any person licensed, registered or otherwise permitted to distribute, dispense, prescribe or administer a controlled substance, as defined under Section 41-29-105(y), and any person defined as a "practitioner" under Section 73-21-73(cc).

          (j)  In addition to any funds appropriated by the Legislature, the State Board of Pharmacy may apply for any available grants and accept any gifts, grants or donations to assist in future development or in maintaining the program.

     SECTION 12.  Section 73-43-11, Mississippi Code of 1972, is brought forward as follows:

     73-43-11.  The State Board of Medical Licensure shall have the following powers and responsibilities:

          (a)  Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists and physician assistants practicing with physician supervision;

          (b)  Considering applications for licensure;

          (c)  Conducting examinations for licensure;

          (d)  Investigating alleged violations of the medical practice act;

          (e)  Conducting hearings on disciplinary matters involving violations of state and federal law, probation, suspension and revocation of licenses;

          (f)  Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;

          (g)  To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3;

          (h)  To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;

          (i)  Perform the duties prescribed by Sections 73-26-1 through 73-26-5; and

          (j)  Perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101.

     SECTION 13.  This act shall take effect and be in force from and after July 1, 2018, and shall stand repealed on June 30, 2017.