MISSISSIPPI PHARMACY PRACTICE REGULATIONS

1 1 TITLE 30: PROFESSIONS AND OCCUPATIO NS PART 3001: MISSISSIPPI PHARMACY PRACTICE REGUALTIONS MISSISSIPPI PHARMACY PRACTICE REGULATIONS MISSISSIPPI board of PHARMACY 204 Key Drive, Suite C Madison, MS 39110 Telephone: 601-605-5388-----Fax: 601-605-9546 Effective January 31, 2011 For the latest revisions, updates and other news and information visit our web site: 2 MISSISSIPPI board OF PHARMACY PHARMACY PRACTICE REGULATIONS AND PHARMACY PRACTICE ACT PART 3001 board REGULATIONS (Effective January 31, 2011) PART 3002 ADMINISTRATIVE RULES PHARMACY PRACTICE REGULATIONS Whereas, the MISSISSIPPI board of PHARMACY in accordance with Section 73-21-81, MISSISSIPPI Code of 1972, finds it necessary to adopt new REGULATIONS governing the PRACTICE of PHARMACY and the distribution and sale of prescription drugs, and Whereas, the MISSISSIPPI board of PHARMACY having given careful consideration to the needs of the public in the preparation of these REGULATIONS , and having complied with Title 25, Chapter 43, MISSISSIPPI Code of 1972, annotated, the MISSISSIPPI board of PHARMACY , on December 21, 2010 , adopted these REGULATIONS to become effective January 31, 2011.

2 In these REGULATIONS , any reference to the "Code" or a section thereof, refers to the MISSISSIPPI Code of 1972, annotated. All REGULATIONS in effect prior to the effective date of these REGULATIONS are rescinded effective January 30, 2010. Individuals who are charged with a violation during the time of the effective dates of previous REGULATIONS will be charged under the REGULATIONS in effect at the time of the violation. 3 GENERAL INFORMATION PHARMACISTS _____ CHANGE OF ADDRESS A pharmacist must notify the board in writing by mail or fax of change of address within ten (10) days of the change. To ensure the correct changes are made to the board records, a pharmacist should include the following information: (1) Name and license number of pharmacist; (2) New address; (3) Former address; (4) Current telephone number.

3 Keeping this information current with the board office will assure pharmacists of receiving license renewal and controlled substance registration applications and their board of PHARMACY Newsletter. CHANGE OF EMPLOYMENT Pharmacists must notify the board in writing by mail or fax within ten (10) days of a change of employment. To ensure the correct changes are made to the board records, a pharmacist should include the following information: (1) Name and license number of pharmacist; (2) Name, address and permit number of the PHARMACY where presently employed; (3) Name, address and permit number of the PHARMACY where he/she was formerly emplo yed. CHANGE OF LEGAL NAME The board s records and a pharmacist s renewal certificate must accurately reflect the legal name used in PHARMACY PRACTICE by that pharmacist. Pharmacists who change the legal name, under which they PRACTICE , through a legal name change, , marriage or divorce, must notify the board within ten (10) days of receipt of the legal document effecting the change.

4 The following must be included in the notification of change of pharmacist s name: (1) A letter of explanation which includes the new name, clearly printed or typed as it is to appear on the renewal card and in the board records; (2) A copy of the legal document that changed the name, , marriage license, divorce decree or court order; (3) The current renewal card (wallet card); (4) A check or money order in the amount of fifteen dollars ($ ) for each wallet card. Changing your name on the wall certificate is optional. If you desire a new wall certificate reflecting your new legal name, you must send the fo llo wing addit io nal information: (1) A check or money order for twenty-five ($ ). 4 OBTAINING DUPLICATE DOCUMENTS The board will replace, under certain conditions , lost or stolen, a pharmacist s wall certificate and/or wallet registration card.

5 To obtain duplicates of these documents, the following should be observed: (1) A written statement signed by the pharmacist outlining the circumstances under which the card(s) was lost or stolen; (2) The name, address and license number on the lost or stolen card(s); (3) A check or money order in the amount of fifteen ($ ) for each wallet card; (4) A check or money order in the amount of twenty-five dollars ($ ) for a duplicate wall certificate. PHARMACIES LOSS OF CONTROLLED SUBSTANCES When a PHARMACY has a loss of controlled substances or suspected loss, the pharmacist-in-charge must comply with the following: (1) Any loss or suspected loss must be reported directly to the office of the board by telephone (601-605-5388) immediately on discovery; (2) Within forty-eight hours of the discovery of the loss, a complete inventory of controlled substances shall be made.

6 This inventory must be dated and signed by the pharmacist-in-charge; (3) Within fifteen days of the discovery of the loss, a written report shall be forwarded to the office of the board . This written report shall include a copy of the controlled substance inventory as required by paragraph (2) above. FAILURE TO REPORT ANY LOSS OR SUSPECTED LOSS DIRECTLY TO THE board MAY BE GROUNDS FOR DISCIPLINARY ACTION BY THE board . CHANGE OF PHARMACIST-IN-CHARGE If the employment of a pharmacist-in-charge is terminated or if for any other reason he/she wishes to be relieved of the responsibilities of the pharmacist-in-charge, he/she must: (1) Return the PHARMACY permit to the office of the board with written notice that he/she is no longer the pharmacist-in-charge at that facility. Advise the board of the effective date of the change; (2) The pharmacist-in-charge shall conduct a complete inventory of controlled substances and send it to the board along with the PHARMACY permit.

7 When the relinquishing pharmacist-in-charge cannot or does not comply with paragraphs (1) and (2) as listed above, it shall be the responsibility of the new pharmacist-in-charge to send to the board an inventory of controlled substances on hand at the time he/she assumes responsibility as pharmacist-in-charge. 5 PROCEDURES FOR PERMANENT CLOSURE OF BUSINESS Requirements under board REGULATIONS : (1) The pharmacist-in-charge shall give notice to the board of the effective date of closure at least fourteen (14) days prior to the closure and shall notify the board in writing fourteen (14) days by what means and as to whom controlled substances were transferred or disposed of; and (2) Take a complete inventory of any controlled substances on hand, including out-of-date drugs; and (3) Send the PHARMACY permit, controlled substances registration and a copy of the controlled substances inventory to the board ; and (4) Remaining controlled substances may be transferred to another registrant.

8 Schedule II drugs must be transferred by use of DEA form 222 Narcotic Order Blank. Schedule III, IV and V drugs may be transferred between registrants by an inventory listing agreed upon between registrants. The closing business PIC should maintain a copy of the inventory and a copy should be maintained by the business receiving the inventory. Requirements under DEA REGULATIONS : (1) Return for cancellation the DEA registration Certificate and any unexecuted DEA 222 order forms to: Registration Unit DEA, Department of Justice P. O. Box 28083 Central Station Washington, DC 20005 (2) Submit notice fourteen (14) days in advance of closure in person or by Registered or Certified Mail return receipt requested to: Special Agent in Charge DEA- Department of Justice 3838 N. Causeway Blvd., Suite 1800 Three Lakeway Center Metarie, LA 70002 Include the following information: (A) Name, address, DEA registration number and authorized business activity of registrant closing business; and (B) Name, address, DEA Registration Number and authorized business activity of person acquiring the business; and (C) Whether the business activity will be continued at the location registered by the person discontinuing the business, or moved to another location; and (D) The date on which the transfer of controlled substances will occur.

9 6 OTHER AGENCIES DRUG ENFORCEMENT ADMINISTRATION (DEA) Drug Enforcement Administration Registration Unit P. O. Box 28083 Central Station Washington, DC 20038-8083 telephone: (800)-882-9539 (24 hour automated system) New Orleans Divisional Office Drug Enforcement Administration 3838 North Causeway Blvd. Suite 1800 3 Lakeway Center Metairie, LA 70002 telephone: 504-840-1100 MISSISSIPPI BUREAU OF NARCOTICS 6090 I-55 South Jackson, MS 39272 telephone 601-371-3600 toll free: 800-844-6272 MISSISSIPPI board OF NURSING MISSISSIPPI board of Nursing 1080 River Oaks Drive Suite A100 Flowood, MS 39232 telephone: 601-664-9303------fax: 601-664-9304 MISSISSIPPI STATE board OF DENTAL EXAMINERS MISSISSIPPI State board of Dental Examiners 600 East Amite Street Jackson, MS 39201-2801 telephone: 601-944-9622------fax: 601-944-9624 MISSISSIPPI STATE board OF MEDICAL LICENSURE MISSISSIPPI State board of Medical Licensure 1867 Crain Ridge Dr.

10 Suite 200B Jackson, MS 39216 telephone: 601-987-3079 fax: 601-987-4159 7 U. S. FOOD AND DRUG ADMINISTRATION Food and Drug Administration 100 West Capitol Suite 340 Jackson, MS 39269 telephone: 601-965-4581------fax: 601-965-4584 DIVISION OF MEDICAID 550 High Street Suite 1000 Jackson, MS 39201 telephone: 601-359-6050 toll free: 800-421-2408 8 TABLE OF CONTENTS ARTICLE I LICENSURE ARTICLE II PHARMACY board EXAMINATION ARTICLE III PRACTICAL EXPERIENCE REQUIREMENT ARTICLE IV LICENSE RENEWAL AND CONTINUING EDUCATION ARTICLE V ACTION AGAINST PHARMACIST LICENSE ARTICLE VI PHARMACY PERMITS ARTICLE VII RESPONSIBILITY OF PHARMACIST-IN-CHARGE (PIC) ARTICLE VIII RESPONSIBILITY OF PHARMACIST/PHARMACIST CARE ARTICLE IX ACTION AGAINST PERMITS ARTICLE X DRUG PRODUCT SELECTION ARTICLE XI STOCK CONTAINER LABELING, OUTDATED MERCHANDISE, SANITATION, DISPENSING AND STORAGE REQUIREMENTS ARTICLE XII PRESCRIPTION/ORDER REQUIRED AND REFILL AUTHORIZATION/RECORD KEEPING ARTICLE XIII PRESCRIPTIONS TO BE FILED ARTICLE XIV LABELING REQUIREMENTS ARTICLE XV ISSUANCE AND RECEIPT OF PRESCRIPTION COPIES ARTICLE XVI REGISTRATION WITH THE board TO HANDLE CONTROLLED SUBSTANCES ARTICLE XVII REQUIREMENTS OF CONTROLLED SUBSTANCES PRESCRIPTIONS ARTICLE XVIII DISPENSING OF CONTROLLED SUBSTANCES ARTICLE XIX DISPENSING OF SCHEDULE II CONTROLLED SUBSTANCES 9 ARTICLE XX PARTIAL FILLING OF SCHEDULE II PRESCRIPTIONS ARTICLE XXI SCHEDULE III.