Rule 30-2640-1.2 - DefinitionsFor the purpose of Part 2640, Chapter 1 only, the following terms have the meanings indicated:
A.Administer, Controlled Substances, and Ultimate User shall have the same meaning as set forth in Mississippi Code, Section 41-29-105, unless the context otherwise requires.B.Board means the Mississippi State Board of Medical Licensure.C.Physician means any person licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi.D.Physician Assistant means any person meeting the requirements of licensure in the state of Mississippi as required by Part 2617, Chapter 1.E.Licensee means any person licensed by this Board who has prescriptive authority.F.Prescriptive Authority means the legal authority of a professional licensed to practice medicine in the state of Mississippi to prescribe, administer, or dispense legend drugs. Licensees holding or possessing certain license types and training, such as Medical Doctors (MD) and Doctors of Osteopathic Medicine (DO) for example, are conferred prescriptive authority by virtue of their training and licensure by the board.G.Prescribe means to designate or order by means of either a written or oral prescription the delivery of a controlled substance or legend drug to an ultimate user.H.Dispense means to deliver a controlled substance or legend drug other than by administering or prescribing to an ultimate user or research subject including the packaging, labeling, or compounding necessary to prepare the substance for that delivery.I. For the purpose of enforcement of the labeling requirements set forth in this chapter, Part 2640, Rule 1.7.B, Dispensing Physician means any physician who dispenses to a patient for the patient's use any controlled substance, legend drug or other medication where such medication is purchased by the physician for resale to a patient whether or not a separate charge is made. As stated in Part 2615, it is understood that Physician Assistants may not dispense medications.J.Prescription Drug or Legend Drug means a drug required under federal law to be labeled with the following statement prior to being dispensed or delivered; "Caution: Federal law prohibits dispensing without prescription," or a drug which is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by licensees only.K.Pain Management Practice means a public or privately-owned practice for which 50% or more of the patients are issued, on a regular or recurring basis, a prescription for opioids, barbiturates, benzodiazepines, carisoprodol, butalbital compounds, or tramadol for the treatment of chronic non-cancerous/non-terminal pain. Included in this definition is any practice that advertises and/or holds itself out to provide pain management services. Patients who are treated for pain resulting from a terminal illness do not count against the percentage stated herein.L.Inpatient means a patient in a hospital, nursing home, long term care facility, inpatient (not home-bound) hospice, or any other facility wherein medications are dispensed to a patient by a third party who is duly licensed and/or certified to dispense medications in a healthcare or related facility.30 Miss. Code. R. 2640-1.2
Miss. Code Ann. § 73-43-11 (1972, as amended).