Bill Text: MS HB1675 | 2026 | Regular Session | Introduced

Mississippi House Bill 1675

Introduced

Bill Title: Pharmacies; require to maintain not more than a certain ratio of pharmacy technicians to licensed pharmacists.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [HB1675 Detail]

Download: Mississippi-2026-HB1675-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: State Affairs

By: Representative Waldo

House Bill 1675

AN ACT TO REQUIRE PHARMACIES TO MAINTAIN NOT MORE THAN A CERTAIN PHARMACY TECHNICIAN-TO-PHARMACIST RATIO; TO AUTHORIZE THE STATE BOARD OF PHARMACY TO ADOPT RULES AND REGULATIONS NECESSARY TO ENFORCE COMPLIANCE WITH THE RATIO REQUIREMENTS; TO PROHIBIT THE BOARD FROM ADOPTING A RATIO REQUIREMENT THAT IS MORE RESTRICTIVE THAN THE REQUIREMENTS OF THIS ACT; TO BRING FORWARD SECTIONS 73-21-83 AND 73-21-111, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A licensed pharmacy located in Mississippi that is open to the public shall maintain a pharmacy technician-to-pharmacist ratio of not more than five (5) pharmacy technicians for every one (1) licensed pharmacist on duty.

(2) A licensed pharmacy located in Mississippi that is not open to the public shall maintain a pharmacy technician-to-pharmacist ratio of not more than twelve (12) pharmacy technicians for every one (1) licensed pharmacist on duty.

(3) The board shall have the authority to adopt rules and regulations necessary to enforce and ensure compliance with the pharmacy technician-to-pharmacist ratio requirements provided in this section. However, the board may not adopt rules or regulations establishing a pharmacy technician-to-pharmacist ratio that is more restrictive than the ratio requirements provided in this section.

(4) Supportive personnel who are not performing the functions of a registered pharmacy technician shall not be counted toward the pharmacy technician-to-pharmacist ratio requirements provided in this section. For purposes of this subsection (4), "supportive personnel" means individuals who assist in nondispensing and nonclinical tasks, including, but not limited to, cashiering, inventory management or administrative support, under the supervision of a pharmacist, and who do not perform duties requiring pharmacy technician registration as defined by board rule.

(5) Notwithstanding subsections (1) and (2) of this section, a licensed pharmacy may exceed the pharmacy technician-to-pharmacist ratio if all pharmacy technicians in excess of the applicable ratio are nationally certified by a certification program recognized by the board. The pharmacist-in-charge shall maintain documentation verifying the certification status of each such pharmacy technician and shall ensure compliance with all other applicable board rules and regulations.

SECTION 2. Section 1 of this act shall be codified in Chapter 21, Title 73, Mississippi Code of 1972.

SECTION 3. Section 73-21-83, Mississippi Code of 1972, is brought forward as follows:

73-21-83. (1) The board shall be responsible for the control and regulation of the practice of pharmacy, to include the regulation of pharmacists, pharmacy externs or interns and pharmacist technicians, in this state, the regulation of the manufacturing and distribution of drugs and devices as defined in Section 73-21-73, the distribution of sample drugs or devices by manufacturer's distributors as defined in Section 73-21-73 by persons other than the original manufacturer or distributor in this state and the regulation of pharmacy benefit managers as defined in Section 73-21-153 and pharmacy services administrative organizations as defined in Section 73-21-73.

(2) A license for the practice of pharmacy shall be obtained by all persons prior to their engaging in the practice of pharmacy. However, the provisions of this chapter shall not apply to practitioners who are licensed under the laws of the State of Mississippi and are authorized to dispense and administer prescription drugs in the course of their professional practice.

(3) The initial licensure fee shall be set by the board but shall not exceed Two Hundred Dollars ($200.00), except the initial licensure fee for pharmacy benefit managers and pharmacy services administrative organizations shall be set by the board but shall not exceed Five Hundred Dollars ($500.00).

(4) All students actively enrolled in a professional school of pharmacy accredited by the Accreditation Council for Pharmacy Education who are making satisfactory progress toward graduation and who act as an extern or intern under the direct supervision of a pharmacist in a location permitted by the Board of Pharmacy must obtain a pharmacy student registration prior to engaging in such activity. The student registration fee shall be set by the board but shall not exceed One Hundred Dollars ($100.00).

(5) All persons licensed to practice pharmacy prior to July 1, 1991, by the State Board of Pharmacy under Section 73-21-89 shall continue to be licensed under the provisions of Section 73-21-91.

SECTION 4. Section 73-21-111, Mississippi Code of 1972, is brought forward as follows:

73-21-111. (1) The board shall make, adopt, amend and repeal, from time to time, such rules and regulations for the regulation of supportive personnel as may be deemed necessary by the board.

(2) Every person who acts or serves as a pharmacy technician in a pharmacy that is located in this state and permitted by the board shall obtain a registration from the board. To obtain a pharmacy technician registration the applicant must:

(a) Have submitted a written application on a form(s) prescribed by the board; and

(b) Be of good moral character; and

(3) Each pharmacy technician shall renew his or her registration annually. To renew his or her registration, a technician must:

(a) Submit an application on a form prescribed by the board; and

(b) Pay a renewal fee not to exceed One Hundred Dollars ($100.00) for each annual registration period. The board may add a surcharge of not more than Five Dollars ($5.00) to the registration renewal fee to assist in funding a program that assists impaired pharmacists, pharmacy students and pharmacy technicians.

(4) To ensure that all applicants are of good moral character, the board shall conduct a criminal history records check on all applicants for a license. In order to determine the applicant's suitability for licensing, the applicant shall be fingerprinted. The board shall submit the fingerprints to the Department of Public Safety for a check of the state criminal records and forward to the Federal Bureau of Investigation for a check of the national criminal records. The Department of Public Safety shall disseminate the results of the state check and the national check to the board for a suitability determination. The board shall be authorized to collect from the applicant the amount of the fee that the Department of Public Safety charges the board for the fingerprinting, whether manual or electronic, and the state and national criminal history records checks.

SECTION 5. This act shall take effect and be in force from and after July 1, 2026.