MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Welfare
By: Senator(s) Watson (By Request)
AN ACT TO CREATE NEW SECTION 73-21-124, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PHARMACISTS TO DISPENSE NALOXONE HYDROCHLORIDE WITHOUT A PRESCRIPTION; TO REQUIRE THE PHARMACY BOARD AND THE MEDICAL BOARD TO PROMULGATE REGULATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-21-124, Mississippi Code of 1972:
73-21-124. (1) Notwithstanding any other provision of law, a pharmacist may furnish naloxone hydrochloride in accordance with standardized procedures or protocols developed and approved by both the board and the Mississippi Medical Board of Medical Licensure, in consultation with the State Pharmacist and other appropriate entities. In developing those standardized procedures or protocols, the State Board of Pharmacy and the Mississippi Medical Board of Medical Licensure shall include the following:
(a) Procedures to ensure education of the person to whom the drug is furnished, including, but not limited to, opioid overdose prevention, recognition, and response, safe administration of naloxone hydrochloride, potential side effects or adverse events, and the imperative to seek emergency medical care for the patient.
(b) Procedures to ensure the education of the person to whom the drug is furnished regarding the availability of drug treatment programs.
(c) Procedures for the notification of the patient's primary care provider with patient consent of any drugs or devices furnished to the patient, or entry of appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider, and with patient consent.
(2) A pharmacist furnishing naloxone hydrochloride pursuant to this section shall not permit the person to whom the drug is furnished to waive the consultation required by the board and the Mississippi Medical Board of Medical Licensure.
(3) Before performing a procedure authorized under this section, a pharmacist shall complete a training program on the use of opioid antagonists that consists of at least one (1) hour of approved continuing education on the use of naloxone hydrochloride.
(4) The board and the Mississippi Medical Board of Medical Licensure are each authorized to ensure compliance with this section. Each board is specifically charged with enforcing this section with respect to its respective licensees. This section does not expand the authority of a pharmacist to prescribe any prescription medication.
(5) The board may adopt emergency regulations to establish the standardized procedures or protocols as provided in the Administrative Procedures Act.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.