73-21-127 - Board 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; con
§ 73-21-127. Board 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.
The Board of Pharmacy shall develop and implement a computerized program to track prescriptions for controlled substances and to report suspected abuse and misuse of controlled substances in compliance with the federal regulations promulgated under authority of the National All Schedules Prescription Electronic Reporting Act of 2005 and in compliance with the federal HIPAA law, under the following conditions:
(a) Reporting of dispensing information shall be mandatory and required by the State Board of Pharmacy for any entity dispensing controlled substances in or into the State of Mississippi.
(b) The prescriptions tracked shall be prescriptions for controlled substances listed in Drug Enforcement Agency Schedule II, III, IV or V and specified noncontrolled substances authorized by the State Board of Pharmacy, that are dispensed to residents in the State of Mississippi by licensed pharmacies, nonresident pharmacies, institutions, dispensing practitioners and the dispenser of veterinary controlled substance drugs, regardless of dispenser location.
(c) The Board of Pharmacy shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide them with the relevant information obtained for further investigation.
(d) The program shall provide information regarding the potential inappropriate use of controlled substances to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of such controlled substances. This program would be proactive in safeguarding public health and safety, support the legitimate use of controlled substances, to facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified noncontrolled drugs, to identify and prevent drug diversion, to provide assistance to those state and federal law enforcement and regulatory agencies investigating cases of drug diversion or other misuse, and to inform the public and health care professionals of the use and abuse trends related to controlled substance and specified noncontrolled drugs.
(e) Access to collected data shall be confidential and not subject to the provisions of the federal Freedom of Information Act or the Mississippi Open Records Act. The State Board of Pharmacy shall be authorized to provide collected information to pharmacists or practitioners that are properly registered with the State Board of Pharmacy and are authorized to prescribe or dispense controlled substances for the purpose of providing medical and pharmaceutical care for their patients, local, state and federal law enforcement officials engaged in the administration, investigation or enforcement of the laws governing illicit drug use, regulatory and licensing boards in this state, Division of Medicaid regarding Medicaid and Medicare Program Recipients, judicial authorities under grand jury subpoena or court order, an individual who requests their own prescription monitoring information and prescription monitoring programs in other states through mutual agreement adhering to State Board of Pharmacy policies. The State Board of Pharmacy may also provide generic statistical data for research or educational purposes.
(f) A dispenser pharmacist or practitioner licensed to dispense controlled substance and specified noncontrolled substance drugs who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information would be subject to actions against their license, registrations or permit and/or an administrative penalty as provided in Sections 73-21-97 and 73-21-103.
(g) "Practitioner" as used in this section shall include any person licensed, registered or otherwise permitted to distribute, dispense or administer a controlled substance, as defined under Section 41-29-105(y).
(h) The Board of Pharmacy may apply for any available grants and accept any gifts, grants or donations to assist in future development or in maintaining the program.
Sources: Laws, 2006, ch. 533, § 29; Laws, 2008, ch. 516, § 1, eff from and after July 1, 2008.