2024 Regular Session

To: Appropriations

By: Senator(s) Hopson, Polk, Parker, Butler, McLendon, Michel

Senate Bill 3035

(As Sent to Governor)



SECTION 1.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi State Board of Pharmacy, for the purpose of defraying the expenses incurred by said board for the fiscal year beginning July 1, 2024, and ending June 30, 2025 $     3,943,666.00.

     SECTION 2.  Of the funds appropriated under the provisions of this act, the following positions are authorized:


Permanent:           20

Time-Limited:         0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required for Personal Services for Fiscal Year 2026 do not exceed Fiscal Year 2025 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2025 budget by the Mississippi Legislature.  The Legislature shall determine the agency's personal services appropriation, which the State Personnel Board shall publish.  The agency's personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2025 that may be utilized to fill vacant Fiscal Year 2024 headcount.  It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees.  It is the Legislature's intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board.

     Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees.  It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2025 do not exceed the data provided by the Legislative Budget Office.  If the agency's Fiscal Year 2025 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.

     Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     None of the funds herein appropriated shall be used in violation of the Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 3.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:


Performance Measures                                       Target


     Percent of Licenses Issued within Ten

          Business Days                                    100.00

     Percent of Renewals Issued within Two

          Business Days                                    100.00


     Number of Written Complaints Received                     80

     Percent of Written Complaints Resolved

          within Six Months                                100.00

     Number of Investigations Conducted Due

          to the Diversion of Prescription Drugs,

          Impaired                                            20

     Number of Investigations Conducted Due

          to the Pharmacists and Pharmacy

          Technicians                                         30

     Recidivism Rate for Those Receiving

          Disciplinary Actions (% Avg of Three

          Years)                                           20.00

Prescription Monitoring Prg

     Percent of In-State Physicians

          Registered to PMP                                100.00

     Percent of Licensed APRNs Registered to PMP            100.00

     Percent of Pharmacists Registered to PMP               100.00

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2026.

     SECTION 4.  It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.  A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

SECTION 5.  It is the intention of the Legislature that the Board of Pharmacy shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2024.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2025 budget request process.

     SECTION 6.  It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

SECTION 7.  In accordance with the Pharmacy Benefit Prompt Pay Act, Sections 73-21-151 through 73-21-163, Mississippi Code of 1972, the Mississippi Board of Pharmacy may escalate the appropriate funds not to exceed Five Hundred Thousand Dollars ($500,000.00) of its budget during the fiscal year for the purposes of conducting compliance examinations and regulatory oversight as authorized by the act.

     SECTION 8.  In accordance with Section 73-21-127(h), Mississippi Code of 1972, the Mississippi Board of Pharmacy may accept and expend funds from any other state agency to defray the expenses of the Prescription Monitoring Program.

     SECTION 9.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

     SECTION 10.  This act shall take effect and be in force from and after July 1, 2024.