House Bill 1134

AN ACT TO AMEND SECTION 73-21-97, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF PHARMACY TO ESTABLISH BY RULE AN ALTERNATIVE TO DISCIPLINE PROGRAM FOR LICENSEES WHO HAVE AN IMPAIRMENT AS A RESULT OF SUBSTANCE ABUSE OR A MENTAL HEALTH CONDITION; TO PROVIDE THAT PARTICIPATION IN THE PROGRAM IS VOLUNTARY WITH THE LICENSEE, AND THE LICENSEE MUST ENTER THE PROGRAM BEFORE THE BOARD HOLDS A DISCIPLINARY ACTION HEARING REGARDING THE LICENSEE; TO PROVIDE THAT THE LICENSEE MAY BE REQUIRED TO CONTRIBUTE TO THE COST OF PARTICIPATION IN THE PROGRAM, INCLUDING THE COST OF ANY CARE, COUNSELING, TREATMENT AND/OR EDUCATION RECEIVED BY THE LICENSEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-21-97, Mississippi Code of 1972, is amended as follows:

73-21-97. (1) The board may refuse to issue or renew, or may suspend, reprimand, revoke or restrict the license, registration or permit of any person, or may impose a monetary penalty, upon one or more of the following grounds:

(a) Unprofessional conduct as defined by the rules and regulations of the board;

(b) Incapacity of a nature that prevents a pharmacist or intern/extern from engaging in the practice of pharmacy or a pharmacy technician from engaging in or providing nonjudgmental technical services in the practice of pharmacy with reasonable skill, confidence and safety to the public;

(i) A felony;

(ii) Any act involving moral turpitude or gross immorality; or

(iii) Violation of pharmacy or drug laws of this state or rules or regulations pertaining thereto, or of statutes, rules or regulations of any other state or the federal government;

(d) Fraud or intentional misrepresentation by a licensee, registrant or permit holder in securing the issuance or renewal of a license or permit;

(e) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license;

(f) Violation of any of the provisions of this chapter or rules or regulations adopted pursuant to this chapter;

(g) Failure to comply with lawful orders of the board;

(h) Negligently or willfully acting in a manner inconsistent with the health or safety of the public;

(i) Addiction to or dependence on alcohol or controlled substances or the unauthorized use or possession of controlled substances;

(j) Misappropriation of any prescription drug;

(k) Being found guilty by the licensing agency in another state of violating the statutes, rules or regulations of that jurisdiction;

(l) The unlawful or unauthorized possession of a controlled substance;

(m) Willful failure to submit drug monitoring information or willful submission of incorrect dispensing information as required by the Prescription Monitoring Program under Section 73-21-127;

(n) Failure to obtain the license, registration or permit required by this chapter; or

(o) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.

(2) In lieu of suspension, revocation or restriction of a license, registration or permit as provided for above, the board may warn, reprimand or issue a citation to the offending licensee, registrant or permit holder.

(3) The board may establish by rule an alternative to discipline program for licensees who have an impairment as a result of substance abuse or a mental health condition, which program shall include at least the following components:

(a) Participation in the program is voluntary with the licensee, and the licensee must enter the program before the board holds a disciplinary action hearing regarding the licensee;

(b) The licensee may be required to contribute to the cost of participation in the program, including the cost of any care, counseling, treatment and/or education received by the licensee;

(c) All of the procedures and records regarding the licensee's participation in the program shall be confidential, shall not be disclosed and shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

( * * *34) In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license, registration or permit of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license, registration or permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license, registration or permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license, registration or permit suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.