MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Drug Policy
By: Representative Yancey
AN ACT TO CREATE NEW SECTION 73-21-221, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PHARMACIES TO PERFORM CENTRALIZED PRESCRIPTION FILLING FOR OTHER PHARMACIES, PROVIDED THAT THE PHARMACIES HAVE THE SAME OWNER OR HAVE A WRITTEN CONTRACT SPECIFYING THE SERVICES TO BE PROVIDED BY EACH PHARMACY, THE RESPONSIBILITIES OF EACH PHARMACY, AND THE MANNER IN WHICH THE PHARMACIES WILL COMPLY WITH FEDERAL AND STATE LAWS, RULES AND REGULATIONS; TO REQUIRE PHARMACIES PERFORMING OR CONTRACTING FOR THE PERFORMANCE OF CENTRALIZED PRESCRIPTION FILLING TO MAINTAIN A POLICY AND PROCEDURES MANUAL, WHICH SHALL INCLUDE CERTAIN INFORMATION; TO CREATE NEW SECTION 73-21-223, MISSISSIPPI CODE OF 1972, TO ALLOW THE DISPENSING BY A PHARMACIST LICENSED IN THIS STATE OR ANOTHER STATE OF A PRESCRIPTION CONTAINED IN A COMMON DATABASE, IF CERTAIN CONDITIONS ARE MET; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-21-221, Mississippi Code of 1972:
73-21-221. (1) A pharmacy licensed under this chapter may perform centralized prescription filling for another pharmacy, provided that the pharmacies have the same owner or have a written contract specifying the services to be provided by each pharmacy, the responsibilities of each pharmacy, and the manner in which the pharmacies will comply with federal and state laws, rules and regulations.
(2) Each pharmacy performing or contracting for the performance of centralized prescription filling pursuant to this section must maintain a policy and procedures manual, which shall be made available to the board or its agent upon request. The policy and procedures manual shall include the following information:
(a) A description of how each pharmacy will comply with federal and state laws, rules, and regulations;
(b) The procedure for maintaining appropriate records to identify the pharmacist responsible for dispensing the prescription and counseling the patient;
(c) The procedure for tracking the prescription during each stage of the filling and dispensing process;
(d) The procedure for identifying on the prescription label all pharmacies involved in filling and dispensing the prescription;
(e) The policy and procedure for providing adequate security to protect the confidentiality and integrity of patient information; and
(f) The procedure to be used by the pharmacy in implementing and operating a quality assurance program designed to objectively and systematically monitor, evaluate, and improve the quality and appropriateness of patient care.
(3) The filling, delivery, and return of a prescription by one pharmacy for another pursuant to this section shall not be construed as the filling of a transferred prescription or as a wholesale distribution.
(4) The board shall adopt rules pursuant as necessary to implement this section.
SECTION 2. The following shall be codified as Section 223, Mississippi Code of 1972:
73-21-223. (1) Nothing in this chapter shall be construed to prohibit the dispensing by a pharmacist licensed in this state or another state of a prescription contained in a common database, and such dispensing shall not constitute a transfer, provided that the following conditions are met:
(a) All pharmacies involved in the transactions pursuant to which the prescription is dispensed are under common ownership and use a common database;
(b) All pharmacies involved in the transactions pursuant to which the prescription is dispensed and all pharmacists engaging in dispensing functions are properly licensed, permitted or registered in this state or another state;
(c) The common database maintains a record of all pharmacists involved in the process of dispensing a prescription;
(d) The owner of the common database maintains a policy and procedures manual that governs its participating pharmacies, pharmacists and pharmacy employees and that is available to the board or its agent upon request. The policy and procedures manual shall include the following information:
(i) A best practices model detailing how each pharmacy and each pharmacist accessing the common database will comply with applicable federal and state laws, rules and regulations;
(ii) The procedure for maintaining appropriate records for regulatory oversight for tracking a prescription during each stage of the filling and dispensing process, identifying the pharmacists involved in filling and dispensing the prescription and counseling the patient, and responding to any requests for information made by the board;
(c) The policy and procedure for providing adequate security to protect the confidentiality and integrity of patient information; and
(d) A quality assurance program designed to objectively and systematically monitor, evaluate, and improve the quality and appropriateness of patient care through the use of the common database.
(2) Any pharmacist dispensing a prescription has at all times the right and obligation to exercise his or her independent professional judgment.
(3) Notwithstanding other provisions in this section, no pharmacist licensed in this state participating in the dispensing of a prescription pursuant to this section shall be responsible for the acts and omissions of another person participating in the dispensing process, provided such person is not under the direct supervision and control of the pharmacist licensed in this state.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.