MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Human Services
By: Representative Holland
AN ACT TO AMEND SECTION 73-21-127, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF PHARMACY TO ASSESS A FEE AGAINST EACH PERSON LICENSED TO DISPENSE CONTROLLED SUBSTANCES IN MISSISSIPPI FOR THE PURPOSE OF FUNDING THE MISSISSIPPI PRESCRIPTION MONITORING PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-21-127, Mississippi Code of 1972, is amended as follows:
73-21-127. The Board of Pharmacy shall develop and implement a computerized program to track prescriptions for controlled substances and to report suspected abuse and misuse of controlled substances in compliance with the federal regulations promulgated under authority of the National All Schedules Prescription Electronic Reporting Act of 2005 and in compliance with the federal HIPAA law, under the following conditions:
(a) Reporting of dispensing information shall be mandatory and required by the State Board of Pharmacy for any entity dispensing controlled substances in or into the State of Mississippi.
(b) The prescriptions tracked shall be prescriptions for controlled substances listed in Drug Enforcement Agency Schedule II, III, IV or V and specified noncontrolled substances authorized by the State Board of Pharmacy, that are dispensed to residents in the State of Mississippi by licensed pharmacies, nonresident pharmacies, institutions, dispensing practitioners and the dispenser of veterinary controlled substance drugs, regardless of dispenser location.
(c) The Board of Pharmacy 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.
(d) The program shall provide information regarding the potential inappropriate use of controlled substances to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of such controlled substances. The specific purposes of the program shall be to: be proactive in safeguarding public health and safety; support the legitimate use of controlled substances; facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified noncontrolled drugs; identify and prevent drug diversion; provide assistance to those state and federal law enforcement and regulatory agencies investigating cases of drug diversion or other misuse; and * * * inform the public and health care professionals of the use and abuse trends related to controlled substance and specified noncontrolled drugs.
(e) Access to collected data shall be confidential and not subject to the provisions of the federal Freedom of Information Act or the Mississippi Open Records Act. The State Board of Pharmacy shall be authorized to provide collected information to: pharmacists or practitioners that are properly registered with the State Board of Pharmacy and are authorized to prescribe or dispense controlled substances for the purpose of providing medical and pharmaceutical care for their patients; local, state and federal law enforcement officials engaged in the administration, investigation or enforcement of the laws governing illicit drug use; regulatory and licensing boards in this state; Division of Medicaid regarding Medicaid and Medicare Program recipients; judicial authorities under grand jury subpoena or court order; an individual who requests his or her own prescription monitoring information; and prescription monitoring programs in other states through mutual agreement adhering to State Board of Pharmacy policies. The State Board of Pharmacy may also provide generic statistical data for research or educational purposes.
(f) A dispenser pharmacist or practitioner licensed to dispense controlled substances and specified noncontrolled substance drugs who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information shall be subject to actions against their license, registrations or permit and/or an administrative penalty as provided in Sections 73-21-97 and 73-21-103.
(g) "Practitioner," as used in this section, shall include any person licensed, registered or otherwise permitted to distribute, dispense or administer a controlled substance, as defined under Section 41-29-105(y).
(h) Each practitioner in this state shall be assessed an annual fee not to exceed Ten Dollars ($10.00) to support the operation of the Mississippi Prescription Monitoring Program (PMP). The fee, which shall be designated as the "PMP Fee," shall be in addition to any other fee that may be required of the practitioner and must be collected by the practitioner's licensing board. All PMP Fees must be deposited into a special fund in the State Treasury to be expended by the State Board of Pharmacy in the administration and enforcement of this section. The State Board of Pharmacy may adopt such rules and regulations relating to the collection of the PMP Fee as deemed necessary by the board.
(i) The State Board of Pharmacy may apply for any available grants and accept any gifts, grants or donations to assist in future development or in maintaining the program.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.