30 Miss. Code. R. 3002-2.1

Current through October 18, 2024

Rule 30-3002-2.1 - [Effective until 11/3/2024] Grounds for Disciplinary Actions

The Board may refuse to issue or renew, or may suspend, reprimand, revoke or restrict the license, registration or permit or any person upon one or more of the following grounds:

A. Unprofessional conduct. Unprofessional conduct shall include, but not be limited to:

1. The publication or circulation of false, misleading, or otherwise deceptive statements concerning the practice of pharmacy;

2. Attempting to circumvent the patient counseling requirements, or discouraging the patient from receiving patient counseling concerning their prescription drug orders;

3. The illegal use or disclosure of Protected Health Information (PHI) or other confidential patient information; failure to maintain adequate records, systems, and security to protect against the illegal use or disclosure of PHI or other confidential patient information; or failure to maintain adequate records to account for disclosures of PHI;

4. Dispensing, selling, bartering, receiving or maintaining drugs or devices which is known or should have been known to have been stolen or diverted from the purpose for which they were distributed by a legitimate source;

5. Engaging in conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient, or engaging in conduct which substantially departs from the standards of care ordinarily exercised by a pharmacist, with proof of actual injury not having to be established;

6. Selling a drug for which a prescription drug order from a practitioner is required, without having received a prescription drug order for the drug;

7. Failing to maintain complete and accurate records of all drugs received, dispensed, or disposed of in compliance with the Federal laws and regulations and State laws, rules and regulations;

8. Failure to report fraudulent prescription activity to the Board or other appropriate authorities;

9. Obtaining any remuneration by fraud, misrepresentation, or deception, including, but not limited to, receiving remuneration for amending or modifying, or attempting to amend or modify, a patient's pharmacist care services, absent a clear benefit to the patient, solely in response to promotion or marketing activities;

10. Filing a claim or assisting in the filing of a claim for reimbursement for drugs or professional services which were not provided or which were not authorized to be provided.

B. Physical or mental incapacity of a nature that prevents a pharmacist, a pharmacy intern/extern, or a pharmacy technician from engaging in the practice of pharmacy or assisting in the practice of pharmacy with reasonable skill, confidence and safety to the public;

C. Being found guilty by a court of competent jurisdiction of one or more of the following:

1 . A felony;

2. Any act involving moral turpitude or gross immorality; or

3. Violation of pharmacy or drug laws of this state or rules and regulations pertaining thereto, or of statutes, rules or regulations of any other state or the federal government;

D. Fraud or intentional misrepresentation by a licensee, registrant or permit holder in securing the issuance or renewal of a license, registration or permit;

E. Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license;

F. Violation of any of the provisions of the Mississippi Pharmacy Practice Act or rules or regulations adopted pursuant to such Act; or violation of pharmacy or drug laws of any other state or the federal government or the rules/regulations pertaining thereto;

G. Violation of any of the provisions of the Mississippi Uniform Controlled Substances Law;

H. Failure to comply with lawful orders of the Board;

I. Negligently or willfully acting in a manner inconsistent with the health or safety of the public;

J. Addiction to or dependence on alcohol, controlled substances or other habit forming legend drugs or the unauthorized use, possession or theft of controlled substances or other habit forming legend drugs;

K. Misappropriation of any prescription drug;

L. Being found guilty by the licensing agency in another state or the federal government of violating the statutes, rules or regulations of that jurisdiction;

M. The unlawful or unauthorized possession or use of a controlled substance;

N. Failure to immediately report directly to the Board, losses or suspected losses of controlled substances or prescription drugs;

O. Theft or embezzlement of prescription drugs, controlled substances, medical devices or funds from a permitted facility;

P. Termination of employees suspected of theft of pharmaceuticals or merchandise without contacting the Board prior to termination;

Q. Failure of a pharmacist licensed by the Mississippi Board of Pharmacy to register as a user of the Prescription Monitoring Program (PMP); Willful failure to submit drug monitoring information or willful submission of incorrect dispensing information as required by the Prescription Monitoring Program under Mississippi Code Section 73-21-127; the unlawful disclosure of information from the PMP or using information obtained from the PMP for unlawful or unethical purposes;

R. Failure to obtain the license, registration or permit required by this Mississippi Pharmacy Practice Act;

S. Violation(s) of the provisions of Mississippi Code Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners;

T. Receiving, dispensing, selling, bartering 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 patients confined to the institution provided no charge is made to the patient by the institution for the sample;

U. No pharmacist shall have possession of a prescription drug sample unless such sample is for treatment of a diagnosed personal medical condition;

V. 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;

W. Failure to furnish the Board, its agents or representatives any information legally requested by the Board, or retaliation against pharmacy employees for providing information to the Board;

X. 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;

Y. 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;

Z. Failure to produce evidence of continuing educations credits as required by regulation.

30 Miss. Code. R. 3002-2.1

Miss. Code Ann. §§ 73-21-81, 73-21-97.

Adopted 3/1/2017

Amended 8/1/2017