MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A

By: Representative Howell

AN ACT TO CONFORM CERTAIN CONTROLLED SUBSTANCE PRESCRIPTIONS WITH FEDERAL LAW; TO AMEND SECTION 41-29-137, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. The following are not legal prescriptions:

(a) An order purporting to be a prescription which is issued not in the usual course of professional treatment or in legitimate and authorized research; or

(b) An order for an addict or habitual user of controlled substances, which is issued not in the course of professional treatment or as part of an authorized detoxification or maintenance treatment program where the practitioner is registered by the Federal Drug Enforcement Administration, for the purpose of providing the user with controlled substances, sufficient to keep him or her comfortable by maintaining customary use.

(2) Nothing in this section shall prohibit a physician who is not specifically registered with the Drug Enforcement Administration to conduct a narcotic treatment program from administering but not prescribing narcotic drugs to a person for the purpose of relieving acute withdrawal symptoms when necessary while arrangements are being made for referral for treatment. Not more than one (1) day's medication may be administered to the person or for the person's use at one (1) time. Such emergency treatment may be carried out for not more than three (3) days and may not be renewed or extended.

(3) This section is not intended to impose any limitations on a physician or authorized hospital staff to administer or dispense narcotic drugs in a hospital to maintain or detoxify a person as an incidental adjunct to medical or surgical treatment of conditions other than addiction, or to administer or dispense narcotic drugs to persons with intractable pain in which no relief or cure is possible or none had been found after reasonable efforts.

(4) The obtaining of multiple prescriptions for controlled substances for abuse or sale using multiple practitioners is illegal under this section.

(5) Anyone who willfully, knowingly and intentionally violates this section shall be guilty of a felony punishable and upon conviction shall be punished by not more than five (5) years in the custody of the Mississippi Department of Corrections or a fine of not less than One Thousand Dollars ($1,000.00), or both.

SECTION 2. Section 41-29-137, Mississippi Code of 1972, is amended as follows:

41-29-137. (a) 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 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.

In emergency situations, as defined by rule of the State Board of Pharmacy, said Schedule II drugs may be dispensed upon oral 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, which is a prescription drug as determined under Federal Control Substance Act, shall not be dispensed without a written or oral 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) Prescriptions shall be issued in compliance with Section 1 of this act, when applicable.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.