Mississippi Administrative Code
Title 30 - Mississippi State Board of Public Accountancy
Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS
Article XLVIII - TELEPHARMACY
Section 30-3001-XLVIII.3 - Telepharmacy Dispensing Site
Universal Citation: MS Code of Rules 30-3001-XLVIII.3
Current through December 10, 2024
A. General Requirements
1. At the time of its opening,
there shall be no other pharmacies licensed by the board within a fifteen (15)
mile radius of the location of the telepharmacy dispensing site. The Board may
grant a waiver to the mileage restriction if the Board determines there is an
appropriate need for a waiver.
2. A
telepharmacy dispensing site permit shall authorize the permit holder to
procure and possess prescription and non-prescription drugs and devices, and:
a. hold such items for immediate
administration directly to a patient pursuant to an order from a lawful
prescriber;
b. dispense such items
to a patient for later use upon the order of a practitioner with prescriptive
authority; orc. distribute such items to another entity with lawful authority
to procure and possess such items.
3. In the event the telepharmacy dispensing
site intends to procure and possess any controlled substances, that pharmacy
shall first obtain a Controlled Substance Registration as well as the federal
registration from the U.S. Drug Enforcement Administration.
4. The telepharmacy dispensing site shall
operate using a telepharmacy system under the control of its supervising
pharmacy.
5. A supervising pharmacy
may supervise no more than two telepharmacy dispensing sites, and the
supervising pharmacy and all such telepharmacy dispensing sites must be located
within the state of Mississippi.
6.
The minimum staffing requirement for a telepharmacy dispensing site shall be a
certified pharmacy technician with at least two years of experience as a
certified pharmacy technician and with demonstrated proficiency in operating
the telepharmacy system used in the telepharmacy dispensing site.
7. A pharmacist shall approve each
prescription before it is taken away from the telepharmacy dispensing
site.
B. Licensing Procedure
1. A person or other entity
intending to operate a telepharmacy dispensing site shall obtain a Telepharmacy
Dispensing Site Permit by completing an application form supplied by the board
and submit it with any required attachments and the application fee to the
board.
2. The board shall not
process applications received by facsimile or that are incomplete or submitted
with the incorrect fee.
3. A person
or other entity who submits a false or fraudulent application shall be subject
to disciplinary action by the board.
4. If determined appropriate by the board,
the applicant may be required to meet with a committee of the board or an agent
of the board prior to the issuance of the permit.
5. Regardless of the date issued, the
telepharmacy dispensing site permit shall expire on December 31 of every year.
No person or other entity may operate a telepharmacy dispensing site with an
expired permit.
6. In the event a
new community pharmacy opens at a location within a fifteen (15) mile radius of
the telepharmacy dispensing site, then the board shall not renew the
telepharmacy dispensing site permit. The board shall notify the supervising
pharmacy responsible for the telepharmacy dispensing site of the new pharmacy
operating within a fifteen (15) mile radius of the telepharmacy dispensing site
and of the requirement for the telepharmacy dispensing site to close
permanently on or before the expiration date of the telepharmacy dispensing
site's current renewal of its permit. The closure shall be accomplished in
compliance with the board's regulations. In lieu of permanent closure, the
telepharmacy dispensing site may elect to apply for and complete the conversion
of its permit to a community pharmacy permit prior to the expiration date of
the telepharmacy dispensing site permit.
7. In the event a telepharmacy dispensing
site is dispensing more than one hundred fifty (150) prescriptions per day
based on a six (6) month average, the telepharmacy dispensing site shall be
required to convert its permit to a community pharmacy permit prior to the
expiration date of the telepharmacy dispensing site permit.
C. Maintenance of Permit
1. A telepharmacy dispensing site permit
shall be valid only for the person or other entity to whom it is issued and it
shall not be subject to sale, assignment or other transfer, voluntary or
involuntary, nor shall the permit be valid for any premises other than the
physical location for which it was issued.
2. A duplicate or replacement permit shall be
issued upon the written request of the permit holder and payment of the
required fee. A duplicate or replacement permit shall be marked as such and it
shall not serve or be used as an additional or second permit.
D. Closure of Permit
1. When the owner of the permit intends to
close the telepharmacy dispensing site permanently, the owner's managing
officer and the pharmacist-in-charge shall be accountable to the board for the
proper closure of the pharmacy in compliance with the board's
regulations.
2. Unless approved by
the board in advance, all remaining inventory and records shall be transferred
to the supervising pharmacy that oversees that telepharmacy dispensing
site.
E. Standards of Practice
1. Environmental Standards
a. The prescription department shall consist
of an area at least 300 square feet in size; this space shall be restricted to
authorized personnel only and not accessible to the general public.
b. The prescription department shall contain
sufficient fixtures, equipment, and supplies commensurate with the nature and
scope of practice for that pharmacy.
c. The prescription department shall include
a sink with a hot and cold water supply, exclusive of restroom facilities, with
approved sewage disposal.
d. All
areas where drugs and devices are stored shall be dry, well-lighted, well
ventilated, and maintained at temperatures which will ensure the integrity of
drugs prior to their dispensing as stipulated by the United States Pharmacopeia
and/or manufacturer's or distributor's product labeling unless otherwise
indicated by the board.
e. The
prescription department shall be secured by a physical barrier with suitable
locks and a monitored alarm system capable of detecting unauthorized
entry.
f. Prescription and other
patient healthcare information shall be maintained in a manner that protects
the integrity and confidentiality of such information; and
g. The dispensing site shall be configured
and equipped to sustain optimal operation of all the technological components
of the telepharmacy system.
2. Minimum Staffing Requirements
a. The pharmacist-in-charge of the
supervising pharmacy shall also be the pharmacistin-charge of the telepharmacy
dispensing site.
b. The telepharmacy
dispensing site does not require the personal presence of a pharmacist but it
is permissible for a pharmacist to practice in that site.
c. In the absence of a pharmacist, the site
shall be staffed by one - and only one -certified pharmacy technician. The
technician present at the telepharmacy dispensing site shall be included with
the other personnel at the supervising pharmacy when calculating the ratio of
pharmacists to technicians.
d. A
pharmacy intern may not practice at a telepharmacy dispensing site.
e. Additional clerical personnel may also be
present at the site.
3.
Operational Standardsa.
a. The telepharmacy
dispensing site shall be connected to its supervising pharmacy using the
telepharmacy system.
b. In the event
of an interruption in the proper operation of the telepharmacy system, the
telepharmacy dispensing site must immediately cease operations. No prescription
shall be dispensed during the interruption and the staff shall post a sign at
the entrance advising the public of an estimated date or time of resumption of
services.
c. The dispensing of
prescriptions shall be construed as completed at the supervising pharmacy;
therefore, the telepharmacy dispensing site shall use the supervising
pharmacy's dispensing information system.
d. The telepharmacy system shall permit
prescription labels to be generated from the supervising pharmacy or the
telepharmacy dispensing site.
i. New
prescriptions may be received and entered at the supervising pharmacy with a
label printed at the telepharmacy dispensing site; or
ii. New prescriptions received at the
telepharmacy dispensing site may be entered by the technician with all
verification, utilization review, and final check the responsibility of the
pharmacist at the supervising pharmacy.
e. As part of the final check, the pharmacist
shall verify the source container, prescription medication, and prescription
label against the prescription form, using the technology in the telepharmacy
system.
f. A pharmacist shall
counsel the patient or patient's agent for all new prescriptions and refills,
using the technology in the telepharmacy system.
g. The pharmacist-in-charge shall be
responsible for routine inspection of the telepharmacy dispensing site. The
policies and procedures shall identify the inspection criteria to be monitored.
Each inspection shall be conducted no later than thirty (30) days after the
previous inspection. The inspection reports detailing the findings of each
inspection shall be retained for at least two (2) years and shall be readily
retrievable upon request by the board or its agent.
4. Recordkeeping Requirements
a. The dispensing information system shall be
capable of recording the names or initials of the pharmacist responsible for
final verification of the prescription as well as the technician assisting in
the dispensing process and to print those identities on the prescription
label.
b. Prescriptions filled at
the telepharmacy dispensing site shall be distinguishable on records from those
filled at the supervising pharmacy.
c. Records of activities at the telepharmacy
dispensing site shall be distinguishable from the records of activities at the
supervising pharmacy.
d.
Telepharmacy dispensing sites holding controlled substances shall maintain a
perpetual inventory of controlled substances and drugs of concern.
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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