Bill Text: MS SB2983 | 2017 | Regular Session | Enrolled


Bill Title: Appropriation; Pharmacy, Board of.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2017-04-13 - Approved by Governor [SB2983 Detail]

Download: Mississippi-2017-SB2983-Enrolled.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Appropriations

By: Senator(s) Clarke, Hopson, Branning, Jackson (11th), Jackson (32nd), Younger

Senate Bill 2983

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE MISSISSIPPI STATE BOARD OF PHARMACY FOR FISCAL YEAR 2018.

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

SECTION 1.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi State Board of Pharmacy, for the purpose of defraying the expenses incurred by said board for the fiscal year beginning July 1, 2017, and ending June 30, 2018 $     2,902,590.00.

     SECTION 2.  Of the funds appropriated under the provisions of this act, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........       17

Part Time...........        0

Time-Limited: Full Time...........        0

Part Time...........        0

     With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2019 do not exceed Fiscal Year 2018 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2018 budget by the Mississippi Legislature.  Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act.  It shall be the responsibility of the agency head to ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2018 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2018 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

     Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     None of the funds herein appropriated shall be used in violation of Internal Revenue Service Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.

     SECTION 3.  In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency.  Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

                                                          FY2018

Performance Measures                                      Target

Licensure

     New Licenses Issued Within Ten Business

          Days (%)                                        100.00

     Renewals Issued Within Two Business

          Days (%)                                        100.00

Compliance

     Number of Written Complaints Received                    40

     Written Complaints Resolved Within Six

          Months (%)                                       90.00

Prescription Monitoring Prg

     Investigations Conducted due to the

          Diversion of Prescription Drugs, Impaired           18

          Pharmacists and Pharmacy Technicians                25

     In-State Physicians Registered to PMP (%)            100.00

     Licensed APRNs Registered to PMP (%)                 100.00

     Pharmacists Registered to PMP (%)                    100.00

     Recidivism Rate for Those Receiving

          Disciplinary Actions (% avg of 3 yrs)             8.00

     A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2019.

     SECTION 4.  It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference.  A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

     SECTION 5.  It is the intention of the Legislature that the Board of Pharmacy shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2017.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2019 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2018 budget request process.

     SECTION 6.  It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

     SECTION 7.  In addition to all other funds appropriated in this act, One Hundred Twenty-three Thousand Five Hundred Dollars ($123,500.00) may be paid to eSoftware Solutions (eCash Solutions) for the payment of prior years invoices.

     SECTION 8.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

     SECTION 9.  In accordance with Section 73-27-127(h), Mississippi Code of 1972, the Mississippi Board of Pharmacy may accept and expend funds from any other state agency to defray the expenses of the Prescription Monitoring Program.

     SECTION 10.  This act shall take effect and be in force from and after July 1, 2017, except for Section 7 which shall take effect and be in force from and after the passage of this act and through the fiscal year ending June 30, 2017.

feedback