House Bill 1225

AN ACT TO CREATE NEW SECTION 73-21-128, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF PHARMACY TO DEVELOP AND IMPLEMENT A COMPUTERIZED PROGRAM TO TRACK CONTROLLED SUBSTANCES AND OTHER DRUGS THAT ARE SHIPPED INTO THE STATE, TO BE KNOWN AS THE MISSISSIPPI AUTOMATED SUBSTANCE TRACKING SYSTEM (MAST); TO REQUIRE EVERY FACILITY OR BUSINESS THAT ENGAGES IN THE WHOLESALE DISTRIBUTION OF PRESCRIPTION DRUGS TO SUBMIT TO THE BOARD TRANSACTION DATA FOR CONTROLLED SUBSTANCES AND ANY OTHER LEGEND DRUGS AS DETERMINED BY THE BOARD; TO PROVIDE THAT ALL MAST DATA IS CONFIDENTIAL AND SHALL BE EXEMPT FROM THE PROVISIONS OF THE MISSISSIPPI PUBLIC RECORDS ACT; TO ALLOW THE BOARD, UPON PROPER REQUEST, TO PROVIDE COLLECTED TRANSACTION DATA AND/OR DATA ANALYSIS TO LAW ENFORCEMENT OFFICIALS ENGAGED IN THE ADMINISTRATION, INVESTIGATION OR ENFORCEMENT OF THE LAWS GOVERNING WHOLESALE DRUG DISTRIBUTION; TO PROVIDE THAT THE MISSISSIPPI BUREAU OF NARCOTICS WILL HAVE ACCESS TO THE MAST DATA FOR THE PURPOSE OF INVESTIGATING THE POTENTIAL ACQUISITION, DISTRIBUTION AND POSSESSION OF CONTROLLED SUBSTANCES IN THE STATE; TO PROVIDE THAT ENTITIES REQUIRED TO SUBMIT TRANSACTION DATA WHO KNOWINGLY FAIL TO SUBMIT THE REQUIRED DATA OR SUBMIT INCORRECT DATA WILL BE SUBJECT TO ACTIONS AGAINST THE ENTITY’S PERMIT AND/OR AN ADMINISTRATIVE PENALTY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 73-21-128, Mississippi Code of 1972:

73-21-128. (1) The Board of Pharmacy shall develop and implement a computerized program to track controlled substances and other drugs that are shipped into the State of Mississippi. This program shall be known as the Mississippi Automated Substance Tracking System (MAST).

(2) Every facility or business that engages in the wholesale distribution of prescription drugs, including, but not limited to, manufacturing in this state, distribution into this state, or selling or offering to sell in this state, or distribution from or within this state, or outsourcers that distribute into or within this state, and every reverse distributor located in or outside of this state, that conducts business with pharmacies in this state, shall submit to the board transaction data for controlled substances listed in Schedules II, III, IV and V and any other legend drug as determined by the board.

(a) Transaction data must include, but is not limited to, the following information:

(i) Purchaser identification;

(ii) Identification of the drug acquired or distributed;

(iii) Quantity of the drug acquired or distributed;

(iv) Date of transaction; and

(v) Transaction identifier.

(b) All MAST data consists of confidential, proprietary or trade secret information and shall be securely maintained by the board in a manner sufficient to protect the confidentiality and privacy of the information reflected in the data and shall not be subject to subpoena except when issued pursuant to a criminal matter. The board retains the specific authority to add or omit data elements, as needed. All MAST data, regardless of the location of the data or format in which it is maintained, shall be privileged and exempt from the provisions of the Mississippi Public Records Act. In addition, any analysis or report developed using MAST data shall be exempt from the provisions of the Mississippi Public Records Act.

(c) Upon proper request, the board may provide collected transaction data and/or data analysis to local, state and federal law enforcement officials engaged in the administration, investigation or enforcement of the laws governing wholesale drug distribution and diversion and the provider of any data requesting data previously submitted by that provider. The board may also provide information, subject to the confidentiality provisions outlined in paragraph (b) of this subsection, to other entities approved by the board. The board may enter into agreements governing the sharing and using of such information and reserves the right to require approved entities to enter into an intelligence sharing or restricted use agreement before information is provided to those entities. The board is vested and empowered with full, complete and final discretion to determine whether or not any intelligence sharing or restricted use agreements will be denied or cancelled so far as any entity is concerned, and there shall be no appeal from the board's decision, it being declared that no entity has any vested rights in those agreements or the data.

(d) The Director of the Mississippi Bureau of Narcotics, or his designee, shall have access to the MAST data for the purpose of investigating the potential acquisition, distribution and possession of controlled substances in the state, subject to all legal restrictions on further dissemination of the information obtained.

(e) The board 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.

(f) No waiver or any applicable privilege or claim of confidentiality to the transaction data, analyses or any other information associated with MAST shall occur as a result of disclosure to the board under this section or as a result of sharing as authorized in paragraph (c) of this subsection.

(2) The board shall establish the manner, format, frequency and delivery method in which the transaction data shall be submitted.

(3) Any entity that is required to submit transaction data under this section who knowingly fails to submit the required transaction data or submits incorrect transaction data shall be subject to actions against the entity’s permit and/or an administrative penalty as provided in Sections 73-21-97 and 73-21-103.

(4) The board shall be immune from civil liability arising from inaccuracy of any submitted information.

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

(6) The board may adopt, amend and repeal such rules and regulations as may be deemed necessary by the board from time to time for the proper administration of the MAST system and this section, in accordance with the Mississippi Administrative Procedures Law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.