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Mississippi Pharmacy Practice Act

Mississippi · Professions and Vocations · §§ 73-21-1 to 73-21-99 · 52 sections

Overview

The act regulates the practice of pharmacy and the distribution of drugs, establishing licensing and permit requirements for pharmacies, wholesale drug distributors, out-of-state and specialty pharmacies, and nuclear pharmacy operations, together with minimum operating standards and duties covering dispensing, labeling, recordkeeping, and notification of significant events. It vests a regulatory board with rulemaking authority and with power to inspect records, investigate applicants and licensees, and refuse, limit, suspend, or revoke licenses, and it prescribes penalties for violations along with a duty to prosecute them. It also authorizes prescribers and pharmacists to supply certain emergency medications for use in schools and extends liability protection for doing so, governs the sale of listed poisons, sets out audit rights and an appeals process for pharmacies subject to review, and requires registration and oversight of prescription discount program administrators.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 13 court decisions.

Most-cited authority: 535 U.S. 357 - Thompson Secretary of Health and Human Services v. Western States Medical Center et al.

Sections covered

  • Miss. Code Ann. § 73-21-1§§ 73-21-1 through 73-21-67. Repealed
  • Miss. Code Ann. § 73-21-101Appeal from adverse action on a license, registration or permit; scope of review [Repealed effective July 1, 2020]1 cite
  • Miss. Code Ann. § 73-21-103Penalties for violations; requirement of rehabilitation or additional education; reinstatement of licenses or permits; enforcement proceedings [Repealed effective July 1, 2020]2 cites
  • Miss. Code Ann. § 73-21-105Registration of businesses where prescription drugs or devices are dispensed, sold, repackaged, manufactured, etc.; registration of reverse distributors; establishment of criteria; procedures and fees; applications; standards for operation; reports of changes of circumstances; penalties for violations; exemption of physicians, dentists, etc., from chapter [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-106Registration requirement for nonresident pharmacies that ship, mail, or deliver drugs into state [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-107Inspection of permittee’s facility and records; scope [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-108Permit requirements for persons providing home medical equipment [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-109Unlawful use of certain business names [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-111Personnel regulations; registration of pharmacy technicians; annual registration fee; criminal background checks [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-113Payment and deposit into state treasury of funds received by state board of pharmacy; expenditure [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-115Prescription forms; execution; dispensing options; one-time emergency dispensing authority [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-117Substitution of generic equivalent drug or interchangeable biological product; notice to prescriber that biological product was dispensed [Repealed effective July 1, 2020]1 cite
  • Miss. Code Ann. § 73-21-119Labeling of drug products, biological products, and interchangeable biological products sold at retail [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-121Immunity from civil or criminal liability of dispensing pharmacists and prescribers; immunity from civil liability of persons providing information to board or pharmacist organization; disclosure of information in records of board or pharmacist organization [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-123Sales of certain drugs not regulated [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-125Community pharmacies and pharmacists and volunteers working therein immune from civil liability for actions arising out of provision of charitable or gratuitous pharmaceutical products [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-126Rules and regulations for issuance and renewal of licenses and permits for in and out of state wholesale distributors, chain pharmacy warehouses and re-packagers [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-127Board of Pharmacy to develop and implement computerized program to track certain prescriptions; report of suspected abuse and misuse of controlled substances; access to collected data; confidentiality; penalties for knowingly failing to submit or submitting incorrect dispensing information [Repealed effective July 1, 2020]1 cite
  • Miss. Code Ann. § 73-21-129Certain drug manufacturers required to make provision for return of outdated drugs from pharmacies; investigation and discipline of noncompliant manufacturers; exemption; definitions [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-151Short title
  • Miss. Code Ann. § 73-21-153Definitions
  • Miss. Code Ann. § 73-21-155Most current nationally recognized reference price to be used in calculation of reimbursement for prescription drugs and other products and supplies; updating of reference price; time period for payment of benefits; “clean claim” defined; compliance; penalties
  • Miss. Code Ann. § 73-21-157License required to do business as pharmacy benefit manager; pharmacy benefit managers to file certain financial statements with State Board of Pharmacy; time period for filing statements
  • Miss. Code Ann. § 73-21-159Financial examination of pharmacy benefit manager
  • Miss. Code Ann. § 73-21-175Short title
  • Miss. Code Ann. § 73-21-177Purpose
  • Miss. Code Ann. § 73-21-179Definitions
  • Miss. Code Ann. § 73-21-181Application
  • Miss. Code Ann. § 73-21-183Audit procedures; written report; report requirements
  • Miss. Code Ann. § 73-21-185Appeals; dismissal of audit report; mediation of unresolved issues
  • Miss. Code Ann. § 73-21-187Use of extrapolation in calculating recoupments or penalties prohibited
  • Miss. Code Ann. § 73-21-189Limitation of applicability of Sections 73-21-175 through 73-21-189
  • Miss. Code Ann. § 73-21-191Penalty for noncompliance with Sections 73-21-175 through 73-21-189
  • Miss. Code Ann. § 73-21-201Short title
  • Miss. Code Ann. § 73-21-203Definitions
  • Miss. Code Ann. § 73-21-205Pharmacists authorized to provide additional information to patients to allow them to consider affordable alternative payment options when acquiring prescription medication; provisions of contracts or agreements contrary to Sections 73-21-201 through 73-21-205 are void; compliance with this section does not constitute violation of contract or agreement to which pharmacist is party; protection for pharmacists acting or failing to act under this section
  • Miss. Code Ann. § 73-21-69Repeal of Sections 73-21-71 through 73-21-1291 cite
  • Miss. Code Ann. § 73-21-71Short title [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-73Definitions [Repealed effective July 1, 2020]4 cites
  • Miss. Code Ann. § 73-21-75State Board of Pharmacy; number, qualifications, appointment and terms of members; appointments made from names submitted by pharmacist association; filling of vacancies; removal of members [Repealed effective July 1, 2020]1 cite
  • Miss. Code Ann. § 73-21-77Organization of board; oath; meetings; compensation and expenses of members [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-79Executive director; additional employees; legal counsel [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-81General powers and duties of board; enforcement of chapter; rules and regulations [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-83Board to regulate practice of pharmacy; licensing of pharmacists; fees; persons holding license on July 1, 1991 [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-85Requirements for pharmacist’s license by examination or score transfer; licensing of foreign pharmacy graduates; criminal background checks [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-87Requirements for pharmacist’s license by reciprocity or license transfer [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-89Requirements for pharmacist’s license for graduates of University of Mississippi School of Pharmacy; termination of provisions [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-91Renewal of licenses; reinstatement upon failure to renew [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-93Examination; frequency and location; scope; facilities [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-95Abolition of assistant pharmacist’s license; issuance of pharmacists’ licenses to persons holding such licenses [Repealed effective July 1, 2020]
  • Miss. Code Ann. § 73-21-97Denial of renewal, suspension, revocation or restrictions on licenses, registrations or permits; grounds; warning or reprimand [Repealed effective July 1, 2020; paragraph (1)(o) repealed effective July 1, 2020]1 cite
  • Miss. Code Ann. § 73-21-99Hearings on violations; notice; procedure [Repealed effective July 1, 2020]1 cite

Enacted in other states

Connecticut, Georgia, Illinois, Louisiana, Nebraska, New Jersey, South Carolina, Tennessee

All Mississippi named statutes →

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