Senate Bill 2802

(COMMITTEE SUBSTITUTE)

AN ACT TO REQUIRE ALL CONTROLLED SUBSTANCE PRESCRIPTIONS TO BE MADE BY ELECTRONIC PRESCRIPTION WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT NO PHARMACIST IS REQUIRED TO VERIFY THAT A WRITTEN, ORAL OR FAX PRESCRIPTION MEETS ANY OF THE CRITERIA FOR EXEMPTION FROM THE ELECTRONIC-PRESCRIBING REQUIREMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) No person shall issue any controlled substance prescription in Mississippi unless such prescription is made by electronic prescription from the person issuing the controlled substance prescription to a pharmacy in accordance with regulatory standards, except for prescriptions meeting any of the criteria in paragraphs (a) through (k) of this section and documented by the prescriber on the face of the prescription. Those prescriptions issued:

(a) By veterinarians;

(b) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure, as set forth in regulation;

(d) That include elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard;

(e) By a practitioner for a drug that the federal Food and Drug Administration (FDA) requires the prescription to contain elements that are not able to be accomplished with electronic prescribing such as, but not limited to, a drug with Risk Evaluation and Mitigation Strategies that include Elements to Assure Safe Use;

(f) By a practitioner prescribing a drug under a research protocol;

(g) By practitioners who have received a waiver or a renewal thereof for a specified period determined by the Department of Health, not to exceed six (6) months, from the requirement to use electronic prescribing, pursuant to a process established in regulation by the department due to economic hardship or technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner;

(h) When the prescriber and dispenser are the same entity;

(i) By a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a nonpatient specific prescription;

(j) By a practitioner prescribing a drug under a research protocol; or

(k) By a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription as required by this act, such practitioner determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patients medical condition.

(2) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription meets any of the criteria of subsection (1)(a) through (k) of this section. Nothing in this section prohibits a pharmacist from dispensing medications pursuant to an otherwise valid written, oral or fax prescription that is consistent with current laws and regulations.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.