30 Miss. Code. R. 3002-5.1

Current through December 10, 2024

Rule 30-3002-5.1 - Grounds for Disciplinary Actions

A. The Board may refuse to issue or renew, or may suspend, reprimand, revoke or restrict the license, registration or permit of any person upon one or more of the provisions listed in Mississippi Code Annotated Section 73-21-97.

B. 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 are 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 valid 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;

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;

11. Condoning or assisting in the dispensing, promotion, or distribution of drugs which do not meet the standards required by law, or which the pharmacist knows, or should know, are not obtained for legitimate medical need;

12. Destruction or alteration of any records such as prescriptions, profiles, purchase invoices, third-party vouchers, and receipts required to be kept;

13. Selling or bartering a prescription drug sample;

14. Practicing in a location which is not properly permitted or registered by the Mississippi Board of Pharmacy;

C. 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;

D. Violation of pharmacy or drug laws of any other state or the federal government or the rules/regulations pertaining thereto;

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

F. Failing to report to the Board within thirty (30) days any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court that would constitute grounds for action;

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

H. 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 safety to the public, due to diversion or abuse of controlled substances or prescription drugs and failing to report such relevant information to the Board;

I. Theft or embezzlement of prescription drugs, controlled substances, medical devices, funds or anything of value;

J. Termination of employees suspected of theft of pharmaceuticals, merchandise or anything of value without contacting the Board prior to termination;

K. 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;

L. Failure of a pharmacist licensed by the Mississippi Board of Pharmacy to register as a user of the Prescription Monitoring Program (PMP);

M. The unlawful disclosure of information from the PMP or using information obtained from the PMP for unlawful or unethical purposes;

N. 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;

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

P. Jeopardizing, compromising, interfering or failing to cooperate with any investigation conducted by the Board or any state or federal regulatory or law enforcement agency;

Q. Failure to furnish the Board, its agents or representatives any information requested by the Board, or retaliation for providing information to the Board;

R. 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;

S. 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;

T. Retaliation against a pharmacist for practicing or attempting to practice pharmacy in compliance with federal and state drug or pharmacy laws and regulations;

U. Retaliation against pharmacy employees for providing information to the Board;

V. Hindering, interfering with, or restricting the reporting of suspected unlawful activity to the appropriate authorities;

W. Failure to produce evidence of continuing education credits as required by regulation;

X. Failure by any representative of a permitted facility to acknowledge completion of an inspection by placement of a signature on the inspection form;

Y. Failure to comply with a subpoena issued by the Board.

30 Miss. Code. R. 3002-5.1

Miss. Code Ann. §§ 73-21-81, 73-21-97

Adopted 3/1/2017

Amended 11/3/2024