Senate Bill 2819

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 73-21-75, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE NOMINATING PROCESS FOR APPOINTMENTS TO THE STATE BOARD OF PHARMACY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-21-75, Mississippi Code of 1972, is amended as follows:

73-21-75. (1) The State Board of Pharmacy created by former Section 73-21-9 is hereby continued and reconstituted as follows: The board shall consist of seven (7) appointed members. At least one (1) appointment shall be made from each congressional district. Each appointed member of the board shall be appointed by the Governor, with the advice and consent of the Senate * * *. Of the members appointed, one (1) shall, at the time of appointment, have had five (5) years' experience as a pharmacist at a facility holding an institutional permit, and one (1) shall, at the time of appointment, have had five (5) years' experience as a pharmacist at a facility holding a retail permit. Any person appointed to the board after July 1, 2014, shall be limited to two (2) full terms of office during any * * * ~~fifteen~~twelve-year period * * *.

(2) The members of the board appointed and serving prior to July 1, 1983, whose terms have not expired by July 1, 1983, shall serve the balance of their terms as members of the reconstituted board, and they shall be considered to be from the same congressional districts from which they were originally appointed if they still reside therein, even if the district boundaries have changed subsequent to their original appointments. The Governor shall appoint the remaining members of the reconstituted board in the manner prescribed in subsection (1) of this section on July 1, 1983. The initial members of the reconstituted board shall serve terms of office as follows:

(a) The term of the member from the First Congressional District shall expire on July 1, 1984; and from and after July 1, 1996, this appointment shall be designated as Post 1.

(b) The term of the member from the Second Congressional District shall expire on July 1, 1988; and from and after July 1, 1996, this appointment shall be designated as Post 2.

(c) The term of the member from the Third Congressional District shall expire on July 1, 1986; and from and after July 1, 1996, this appointment shall be designated as Post 3.

(d) The term of the member from the Fourth Congressional District shall expire on July 1, 1985; and from and after July 1, 1996, this appointment shall be designated as Post 4.

(e) The term of the member from the Fifth Congressional District shall expire on July 1, 1987; and from and after July 1, 1996, this appointment shall be designated as Post 5.

(f) The term of one (1) of the members from the state at large shall expire on July 1, 1985; and from and after July 1, 1996, this appointment shall be designated as Post 6.

(g) The term of the other member from the state at large shall expire on July 1, 1988; and from and after July 1, 1996, this appointment shall be designated as Post 7.

The appointments of members from congressional districts as provided under this section shall be made from the congressional districts as they existed on July 1, 2001.

(3) At the expiration of a term, members of the board shall be appointed in the manner prescribed in subsection (1) of this section for terms of * * * ~~five (5)~~ four (4) years from the expiration date of the previous terms. * * *

(a) When a vacancy occurs in the membership of the board representing one (1) of the seven (7) posts for any reason, including expiration of term, removal, resignation, death, disability or disqualification, the following nominating process shall be utilized:

(i) The pharmacist making the nomination and the pharmacist nominee shall be a resident of the post where the vacancy occurs.

(ii) Nomination ballots shall be returned to the board office at least sixty (60) days prior to a vacancy occurring by an expiring term. Nomination ballots shall be returned to the board office at least thirty (30) days following a vacancy occurring by death, resignation, removal, inability to act, or other cause.

(iii) The nominee shall not have been convicted of a felony and the nominee shall not have been placed on probation by the board.

(b) The State Board of Pharmacy, in its discretion, may implement an online nomination ballot procedure and/or a paper ballot procedure. The secretary of the board shall be charged with the duty of forwarding to each licensed pharmacist, by United States mail or electronically or both, to the last-known address indicated in the boards records, a nomination ballot. The ballot, or an accompanying communication, shall indicate the date, time and place, for the counting of ballots. At a gathering open to the public, the ballots shall be counted openly by the secretary or by one or more individuals designated by the president. The secretary shall certify to the Governor the names of the five (5) nominees receiving the highest number of nominations. The board, at its discretion, may employ an impartial independent firm or organization to conduct the nomination, balloting, counting and certification to the Governor of the names of the five (5) nominees receiving the highest number of nominations. From the names submitted to him in this manner, the Governor may select and appoint one (1) eligible individual to fill the vacancy in question. After due consideration of the names submitted to him, the Governor may elect to choose another person to fill the vacancy, provided that the person meets all qualifications required to serve on the board.

(d) In the absence of the secretary, or in the event of his inability or failure to act, the duties of the secretary with respect to the delivery and counting of ballots and the certification of names to the Governor shall be performed by the president of the board.

(e) The successor to each member of the board appointed from a pharmacy post shall be appointed from the post having the same number designation as the post from which the member who is being replaced was appointed. Each member of the board appointed from a post to fill a vacancy occurring by death, resignation, inability to act, or other cause, shall serve for the remainder of the term of his predecessor.

(4) To be qualified to be a member of the board, a person shall:

(a) Be an adult citizen of Mississippi for a period of at least five (5) years preceding his appointment to the board;

(b) Be a pharmacist licensed and in good standing to practice pharmacy in the State of Mississippi; and

(c) * * * ~~Have~~ Be actively engaged in the practice of pharmacy in Mississippi * * * ~~for a period of~~, and have at least five (5) ~~years~~ year's experience as a pharmacist.

(5) The Governor may remove any or all members of the board on proof of unprofessional conduct, continued absence from the state, or for failure to perform the duties of his office. Any member who shall not attend two (2) consecutive meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings. No removal shall be made without first giving the accused an opportunity to be heard in refutation of the charges made against him, and he shall be entitled to receive a copy of the charges at the time of filing.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014, and shall stand repealed from and after June 30, 2014.