Bill Text: MS HB844 | 2014 | Regular Session | Introduced
Bill Title: Veterinarians; require to report dispensing of controlled substance drugs to Board of Veterinary Medicine.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB844 Detail]
Download: Mississippi-2014-HB844-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Agriculture
By: Representative Formby
House Bill 844
AN ACT TO AMEND SECTION 41-29-305, MISSISSIPPI CODE OF 1972, REQUIRE VETERINARIANS TO REPORT ALL NARCOTIC DRUGS PRESCRIBED OR ADMINISTERED TO THE BOARD OF VETERINARY MEDICINE; TO AMEND SECTION 73-39-57, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE BOARD OF VETERINARY MEDICINE TO REQUIRE THE BOARD TO DEVELOP AND IMPLEMENT A COMPUTERIZED PROGRAM TO MONITOR AND TRACK THE DISPENSING OF VETERINARY CONTROLLED SUBSTANCE DRUGS; TO AMEND SECTION 73-21-127, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO AND TO EXTEND THE REPEALER ON THE PRESCRIPTION DRUG MONITORING PROGRAM UNTIL 2017; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-305, Mississippi Code of 1972, is amended as follows:
41-29-305. (1) A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix or otherwise prepare narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
(2) A veterinarian, in good faith and in the course of his professional practice only, and not for use by human beings, may prescribe, administer, dispense, mix or otherwise prepare narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. Any narcotic drug prescribed or dispensed under this subsection shall be reported the Board of Veterinary Medicine for the purpose of monitoring and tracking such drugs as authorized under Section 73-39-57.
(3) Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient.
SECTION 2. Section 73-39-57, Mississippi Code of 1972, is amended as follows:
73-39-57. The board may:
(a) Adopt, amend or repeal all rules necessary for its government and all regulations necessary to implement this chapter, including the establishment and publication of standards of practice and professional conduct for the practice of veterinary medicine.
(b) Adopt, promulgate and enforce rules and regulations relating to specific duties and responsibilities; certification, registration or licensure; and other matters pertaining to veterinary technicians or nonlicensed persons consistent with this chapter.
(c) Initiate disciplinary procedures, hold hearings, reprimand, suspend, revoke or refuse to issue or renew credentials and perform any other acts that may be necessary to regulate veterinary technicians and technologists.
(d) Examine by established protocol the qualifications and fitness of applicants for a license to practice veterinary medicine in this state.
(e) Issue, renew or deny the licenses and temporary permits to practice veterinary medicine.
(f) Limit, suspend or revoke the licenses of disciplined veterinarians or otherwise discipline licensed veterinarians consistent with this chapter and applicable rules and regulations.
(g) Establish and publish annually a schedule of fees for licensing and certification.
(h) Conduct investigations of suspected violations of this chapter to determine whether there are sufficient grounds to initiate disciplinary proceedings.
(i) Inspect veterinary premises and equipment, including practice vehicles, on a triennial basis and assess an inspection fee in the amount of One Hundred Dollars ($100.00) per inspection and an additional fee of Fifty Dollars ($50.00) for each licensed veterinarian employed by the inspected veterinary establishment.
(j) Hold hearings on all matters properly brought before the board, to administer oaths, receive evidence, make necessary determinations and enter orders consistent with the findings. The board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence and commission depositions. The board may designate one or more of its members to serve as its hearing officer. The board shall adopt rules and regulations for hearings before the board and the rules shall afford any person appearing before the board the safeguards of procedural due process. Formal rules of evidence shall not apply.
(k) Employ full- or part-time personnel necessary to implement this chapter and purchase or rent necessary office space, equipment and supplies.
(l) Appoint from its own membership one or more members to act as representatives of the board at any meeting within or outside the state.
(m) Bring proceedings in the courts against any person for the enforcement of this chapter or any regulations made pursuant thereto.
(n) Develop and implement a computerized program to monitor and track the dispensing of veterinary controlled substance drugs and report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide them with the relevant information obtained for further investigation.
The powers enumerated herein are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and veterinary technology and are to be construed liberally to accomplish this objective.
SECTION 3. Section 73-21-127, Mississippi Code of 1972, is amended as follows:
73-21-127. The Board of Pharmacy shall develop and implement a computerized program to track prescriptions for controlled substances and to report suspected abuse and misuse of controlled substances in compliance with the federal regulations promulgated under authority of the National All Schedules Prescription Electronic Reporting Act of 2005 and in compliance with the federal HIPAA law, under the following conditions:
(a) Reporting of dispensing information shall be mandatory and required by the State Board of Pharmacy for any entity dispensing controlled substances in or into the State of Mississippi.
(b) The prescriptions
tracked shall be prescriptions for controlled substances listed in Drug
Enforcement Agency Schedule II, III, IV or V and specified noncontrolled
substances authorized by the State Board of Pharmacy that are dispensed to
residents in the State of Mississippi by licensed pharmacies, nonresident
pharmacies, institutions * * * , and dispensing practitioners * * *,
regardless of dispenser location.
(c) The Board of Pharmacy shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide them with the relevant information obtained for further investigation.
(d) The program shall provide information regarding the potential inappropriate use of controlled substances and the specified noncontrolled substances to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of these controlled substances. The specific purposes of the program shall be to: be proactive in safeguarding public health and safety; support the legitimate use of controlled substances; facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified noncontrolled drugs; identify and prevent drug diversion; provide assistance to those state and federal law enforcement and regulatory agencies investigating cases of drug diversion or other misuse; and inform the public and health care professionals of the use and abuse trends related to controlled substance and specified noncontrolled drugs.
(e) (i) Access to collected data shall be confidential and not subject to the provisions of the federal Freedom of Information Act or the Mississippi Open Records Act. Upon request, the State Board of Pharmacy shall provide collected information to: pharmacists or practitioners who are properly registered with the State Board of Pharmacy and are authorized to prescribe or dispense controlled substances for the purpose of providing medical and pharmaceutical care for their patients; local, state and federal law enforcement officials engaged in the administration, investigation or enforcement of the laws governing illicit drug use; regulatory and licensing boards in this state; Division of Medicaid regarding Medicaid and Medicare Program recipients; judicial authorities under grand jury subpoena or court order; an individual who requests the individual's own prescription monitoring information; and prescription monitoring programs in other states through mutual agreement adhering to State Board of Pharmacy policies.
(ii) The Director of the Mississippi Bureau of Narcotics, or his designee, shall have access to the Prescription Monitoring Program (PMP) database for the purpose of investigating the potential illegal acquisition, distribution, dispensing, prescribing or administering of the controlled and noncontrolled substances monitored by the program, subject to all legal restrictions on further dissemination of the information obtained.
(iii) The State Board of Pharmacy may also provide generic, nonidentifying statistical data for research or educational purposes.
(f) A dispenser pharmacist or practitioner licensed to dispense controlled substances and specified noncontrolled substance drugs who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information shall be subject to actions against the pharmacist's or practitioner's license, registrations or permit and/or an administrative penalty as provided in Sections 73-21-97 and 73-21-103.
(g) "Practitioner," as used in this section, shall include any person licensed, registered or otherwise permitted to distribute, dispense, prescribe or administer a controlled substance, as defined under Section 41-29-105(y).
(h) In addition to any funds appropriated by the Legislature, the State Board of Pharmacy may apply for any available grants and accept any gifts, grants or donations to assist in future development or in maintaining the program.
(i) This section shall stand repealed on July 1, * * *
2017.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.
