Senate Bill 2081

AN ACT TO DIRECT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, ACTING THROUGH THE APPROPRIATE INSTITUTIONAL REVIEW BOARD, TO REQUIRE THE RESULTS OF ANY CLINICAL TRIALS OF A PHARMACEUTICAL DRUG OR DRUG PRODUCT WHICH WERE CONDUCTED AT THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER OR AT ANY STATE INSTITUTION OF HIGHER LEARNING TO BE REGISTERED WITH THE STATE BOARD OF PHARMACY AND THE STATE BOARD OF MEDICAL LICENSURE AND PUBLISHED ON THE INTERNET; TO PROHIBIT ANY SUCH CLINICAL TRIAL WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS ACT; TO AMEND SECTION 41-9-17, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE BOARD OF HEALTH, AS LICENSING AGENCY FOR THE STATE'S HOSPITALS, TO REQUIRE THE RESULTS OF ANY CLINICAL TRIALS OF A PHARMACEUTICAL DRUG OR DRUG PRODUCT WHICH WERE CONDUCTED AT ANY LICENSED HOSPITAL TO BE REGISTERED WITH THE STATE BOARD OF PHARMACY AND THE STATE BOARD OF MEDICAL LICENSURE AND PUBLISHED ON THE INTERNET; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Board of Trustees of State Institutions of Higher Learning, acting through the appropriate institutional review board, shall require the results of any clinical trials of a pharmaceutical drug or drug product which were conducted at the University of Mississippi Medical Center or at any state institution of higher learning to be registered with the State Board of Pharmacy and with the State Board of Medical Licensure and also published on an appropriate Web site on the Internet.

(2) Any clinical trial of a drug or drug product which does not comply with this section shall be prohibited.

(3) The Board of Trustees of State Institutions of Higher Learning shall jointly promulgate regulations with the State Board of Pharmacy and the State Board of Medical Licensure to implement the provisions of this section.

SECTION 2. Section 41-9-17, Mississippi Code of 1972, is amended as follows:

41-9-17. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare. Any rule, regulation or standard adopted hereunder shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standard of Operation for Mississippi Hospitals." Said book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state which have filed with said agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in nowise affect the validity thereof. No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.

(2) The licensing agency, acting through the appropriate institutional review board, shall require the results of any clinical trials of a pharmaceutical drug or drug product which were conducted at a hospital licensed in the State of Mississippi to be registered with the State Board of Pharmacy and with the State Board of Medical Licensure and also published on an appropriate Web site on the Internet. Any clinical trial of a drug or drug product which does not comply with this section shall be prohibited. The licensing agency shall jointly promulgate regulations with the State Board of Pharmacy and the State Board of Medical Licensure to implement the provisions of this subsection (2).

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.