Mississippi Administrative Code
Title 30 - Professions and Occupations
Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS
Article IX - ACTION AGAINST PERMITS
Universal Citation: MS Code of Rules IX
Current through September 24, 2024
1. The Board of Pharmacy may refuse to issue or renew, or may suspend, summarily suspend, place on probation, revoke, reprimand, or restrict the permit of any permitted facility and/or impose a monetary penalty upon one or more of the following grounds:
A. Any act by any person in the
conduct of the activities of the facility which is a violation of any of the
provisions of the Mississippi Pharmacy Practice Act or the Mississippi Uniform
Controlled Substances Law. Further, that any act by any person which subverts
the authority of the pharmacist-in-charge by impeding the management of the
prescription department or the practice of pharmacy in the compliance with
federal and state drug or pharmacy laws and regulations shall be deemed a
violation of this section. Any such circumvention may result in charges being
filed against the pharmacy permit.
B. Any act by any person in the conduct of
the activities of the facility which is a violation of the rules and
regulations of the Board of Pharmacy.
C. Fraud or intentional misrepresentation in
securing the issuance or renewal of a permit.
D. Failure to comply with any lawful order of
the Board.
E. Engaging in or aiding
and abetting an individual to engage in the practice of pharmacy without a
license.
F. Unprofessional conduct
by any person in any activity relating to the operation of a pharmacy.
Unprofessional conduct includes, but is not limited to:
(1) Condoning or assisting in the dispensing,
promotion or distribution of drugs which do not meet the standards required by
law.
(2) Committing any fraudulent
act including, but not limited to:
(a)Destruction or alteration of any records
such as purchase invoices, prescriptions, patient profiles, third-party
vouchers and receipts required to be kept;
(b)The placement of any advertisement which
is false or misleading;
(c)Filing a
claim or assisting in the filing of a claim for reimbursement for drugs or
professional services which were not provided.
(3) Dispensing, selling, bartering,
receiving, or maintaining drugs which the pharmacist knows, or should know,
have been stolen or diverted from the purpose for which they were distributed
by a legitimate source.
(4) Selling
or bartering a prescription drug sample.
(5) Receiving, dispensing, or maintaining a
prescription drug sample unless the pharmacy is owned by a charitable
organization, and is not operated for profit and has prior approval in writing
by the Board. Institutional pharmacies may receive, dispense and maintain
prescription drug samples that are provided by a practitioner and intended
solely for administration to his/her patient confined to the institution
provided no charges made to the patient by the institution for the
sample.
(6) No pharmacist shall
have possession of a prescription drug sample unless such sample is for
treatment of a diagnosed personal medical condition.
(7) Willfully and knowingly failing to
maintain complete and accurate records of all prescription drugs received,
disposed of or dispensed at a permitted facility.
(8) Divulging or revealing confidential
patient information to any person other than as authorized by Board
regulations.
G.
Termination of employees suspected of theft of pharmaceuticals or merchandise
without contacting the Board prior to termination.
H. Failure to report directly to the Board,
losses or suspected losses of controlled substances or prescription
drugs.
I. Jeopardizing,
compromising, interfering or failing to cooperate with any lawful investigation
conducted by the Board or any state or federal regulatory or law enforcement
agency.
J. Destruction, removal or
tampering with any prescription drug, controlled substance, or medical device
placed under seal, embargoed, or quarantined by the Board or any representative
of the Board.
K. Knowing or
suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the
Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in
the Practice of Pharmacy, with reasonable skill, competence, and safety to the
public, is diverting or abusing controlled substances or prescription drugs and
failing to report any relevant information to the Board of Pharmacy.
L. Failure to furnish to the Board, its
investigators, or representatives any information legally requested by the
Board within the required time frame.
M. Failing to pay costs assessed in a
disciplinary hearing as directed by a lawful order of the Board.
N. Knowingly failing to submit Prescription
Monitoring Information to the Prescription Monitoring Program within the time
interval prescribed.
O. The
unlawful disclosure of information from the Prescription Monitoring Program.
Using information obtained from the Prescription Monitoring Program for
unlawful or unethical purposes.
P.
Retaliation against pharmacy employees for providing information to the
Board.
Q. Hindering, interfering
with, or restriction the reporting of suspected unlawful activity to the
appropriate authorities.
R. Failure
by any representative of a permitted facility to acknowledge completion of an
inspection by placement of a signature on the inspection form.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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