Senate Bill 2237

AN ACT TO AMEND SECTION 73-21-115, MISSISSIPPI CODE OF 1972, TO REQUIRE PHARMACISTS TO DISPENSE A PRESCRIPTION DRUG TO A PATIENT UNLESS THE PRESCRIPTION VIOLATES THE LAW, THE DRUG COULD CAUSE A HARMFUL DRUG INTERACTION OR ADVERSELY AFFECT THE PATIENT'S MEDICAL CONDITION, THE DRUG IS OUT OF STOCK, OR DISPENSING THE DRUG VIOLATES THE PHARMACIST'S CONSCIENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-21-115, Mississippi Code of 1972, is amended as follows:

73-21-115. (1) Every prescription written in this state by a person authorized to issue such prescription shall be on prescription forms containing two (2) lines for the prescriber's signature. There shall be a signature line in the lower right-hand corner of the prescription form beneath which shall be clearly imprinted the words "substitution permissible." There shall be a signature line in the lower left-hand corner of the prescription form beneath which shall be clearly imprinted the words "dispense as written." The prescriber's signature on either signature line shall validate the prescription and shall designate approval or disapproval of product selection.

(2) If a prescription form which does not contain the two (2) signature lines required in subsection (1) of this section is utilized by the prescriber, he shall write in his own handwriting the words "dispense as written" thereupon to prevent product selection.

(3) A pharmacist licensed by the Mississippi State Board of Pharmacy may dispense a one-time emergency dispensing of a prescription of up to a seventy-two-hour supply of a prescribed medication in the event the pharmacist is unable to contact the prescriber to obtain refill authorization, provided that:

(a) The prescription is not for a controlled substance;

(b) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;

(c) The dispensing pharmacist notifies the prescriber or his agent of the emergency dispensing within seven (7) working days after the one-time emergency dispensing;

(d) The pharmacist properly records the dispensing as a separate nonrefillable prescription. Said document shall be filed as is required of all other prescription records. This document shall be serially numbered and contain all information required of other prescriptions. In addition it shall contain the number of the prescription from which it was refilled; and

(e) The pharmacist shall record on the new document the circumstances which warrant this emergency dispensing.

This emergency dispensing shall be done only in the permitted facility which contains the nonrefillable prescription.

(4) The pharmacist shall dispense a prescription drug to a patient unless one (1) of the following circumstances exists:

(a) The prescription violates state or federal law;

(b) The drug could cause a harmful drug interaction or adversely affect the patient's medical condition;

(d) Dispensing the drug violates the pharmacist's conscience under Section 41-107-5.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.