House Bill 856

AN ACT TO REENACT SECTIONS 73-21-71 THROUGH 73-21-87, 73-21-91, 73-21-93, AND 73-21-97 THROUGH 73-21-129, MISSISSIPPI CODE OF 1972, WHICH COMPRISE THE MISSISSIPPI PHARMACY PRACTICE ACT; TO AMEND SECTION 73-21-69, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE MISSISSIPPI PHARMACY PRACTICE ACT; TO AMEND REENACTED SECTION 73-21-71, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CODE SECTIONS THAT COMPRISE THE MISSISSIPPI PHARMACY PRACTICE ACT; TO AMEND REENACTED SECTION 73-21-73, MISSISSIPPI CODE OF 1972, TO REVISE, ADD AND DELETE CERTAIN DEFINITIONS; TO AMEND REENACTED SECTION 73-21-79, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF PHARMACY TO DELEGATE POWERS TO THE EXECUTIVE DIRECTOR OF THE BOARD; TO AMEND REENACTED SECTION 73-21-83, MISSISSIPPI CODE OF 1972, TO CLARIFY THE BOARD'S AUTHORITY TO REGULATE MANUFACTURING OF DRUGS, AND PROVIDE THAT THE BOARD WILL REGULATE PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS; TO AMEND REENACTED SECTION 73-21-85, MISSISSIPPI CODE OF 1972, TO CLARIFY A REFERENCE TO PHARMACY SCHOOLS IN MISSISSIPPI; TO AMEND REENACTED SECTION 73-21-91, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE SURCHARGE ON A LICENSE RENEWAL FEE TO FUND AN IMPAIRED PHARMACISTS OR PHARMACY STUDENTS PROGRAM; TO CLARIFY THAT THE BOARD DOES NOT GIVE THE LICENSURE EXAM BUT APPROVES IT; TO INCLUDE PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS IN THE RENEWAL LICENSE FEE PROVISIONS; TO AMEND REENACTED SECTION 73-21-93, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; TO AMEND REENACTED SECTION 73-21-97, MISSISSIPPI CODE OF 1972, AS AMENDED BY SENATE BILL NO. 2699, 2025 REGULAR SESSION, TO CLARIFY THAT THE BOARD MAY IMPOSE A MONETARY PENALTY AGAINST A LICENSEE; TO INCLUDE INTERNS/EXTERNS, PHARMACY TECHNICIANS, REGISTRANTS AND PERMIT HOLDERS IN THE DISCIPLINARY PROVISIONS OF THE BOARD; TO AMEND REENACTED SECTION 73-21-99, MISSISSIPPI CODE OF 1972, TO INCLUDE REGISTRANTS IN THE DISCIPLINARY PROVISIONS OF THE BOARD; TO EXEMPT MEETINGS OF THE INVESTIGATIONS REVIEW COMMITTEE FROM THE OPEN MEETINGS ACT AND EXEMPT MINUTES OF THE MEETINGS OF THE COMMITTEE FROM THE PUBLIC RECORDS ACT; TO AUTHORIZE THE BOARD TO ISSUE SUBPOENAS FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS TO OBTAIN PAPERS, DOCUMENTS, PRESCRIPTIONS OR ANY OTHER RECORDS DEEMED RELEVANT TO AN INVESTIGATION; TO PROVIDE THAT ALL RECORDS OF INVESTIGATION SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCOVERY OR SUBPOENA; TO AUTHORIZE THE BOARD TO ORDER SUMMARY SUSPENSION OF AN INDIVIDUAL'S LICENSE OR REGISTRATION OR A PERMIT OF A FACILITY WITHOUT A HEARING IF THE BOARD DETERMINES THAT THERE IS AN IMMEDIATE DANGER TO THE PUBLIC; TO AMEND REENACTED SECTION 73-21-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A BOARD ORDER IS APPEALED, THE APPEAL WILL ACT AS A SUPERSEDEAS AS TO ANY MONETARY PENALTY, BUT NO SUCH PERSON SHALL BE ALLOWED TO PRACTICE PHARMACY IN VIOLATION OF ANY DISCIPLINARY ORDER WHILE THE APPEAL IS PENDING; TO AMEND REENACTED SECTION 73-21-103, MISSISSIPPI CODE OF 1972, TO REMOVE THE MINIMUM AMOUNT OF MONETARY PENALTIES AUTHORIZED BY THE BOARD; TO PROVIDE THAT VIOLATIONS MAY BE ASSESSED BEGINNING WITH THE DATE THAT THE OFFENDER FIRST CONDUCTED BUSINESS IN THE STATE; TO AMEND REENACTED SECTION 73-21-105, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ALL ENTITIES INVOLVED IN THE DRUG SUPPLY CHAIN MUST BE REGISTERED WITH THE BOARD; TO PROVIDE THAT PERMITS MAY BE ISSUED FOR UP TO A TRIENNIAL PERIOD AND TO INCREASE THE MAXIMUM FEE FOR SUCH PERMITS; TO AMEND REENACTED SECTION 73-21-106, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PHARMACY LOCATED OUTSIDE THIS STATE THAT PERFORMS ANY SERVICES INCLUDED IN THE DEFINITION OF THE PRACTICE OF PHARMACY FOR RESIDENTS OF THIS STATE SHALL BE CONSIDERED A NONRESIDENT PHARMACY AND MUST BE PERMITTED BY THE BOARD; TO AMEND REENACTED SECTION 73-21-107, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ENTER AND INSPECT ANY FACILITY IDENTIFIED IN THE SUPPLY CHAIN THAT SHIPS, OR CAUSES TO BE SHIPPED, OR RECEIVES ANY CONTROLLED SUBSTANCES OR PRESCRIPTION OR LEGEND DRUGS OR DEVICES; TO AMEND REENACTED SECTION 73-21-108, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ENTITIES LOCATED IN THIS STATE OR OUTSIDE OF THIS STATE THAT PROVIDE ANY HOME MEDICAL EQUIPMENT TO PATIENTS IN THIS STATE MUST BE PERMITTED BY THE BOARD; TO AMEND REENACTED SECTION 73-21-115, MISSISSIPPI CODE OF 1972, TO DELETE PROVISIONS SPECIFYING THE FORMAT AND CONTENT OF PRESCRIPTION FORMS; TO AMEND REENACTED SECTION 73-21-117, MISSISSIPPI CODE OF 1972, TO DELETE REQUIREMENTS FOR PHARMACISTS TO KEEP CERTAIN RECORDS ABOUT DISPENSING BIOLOGICAL PRODUCTS AND COMMUNICATING THAT INFORMATION TO THE PRESCRIBER; TO AMEND REENACTED SECTION 73-21-124, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 1463, 2025 REGULAR SESSION, TO MAKE A MINOR, NONSUBSTANTIVE CHANGE; TO AMEND REENACTED SECTION 73-21-125, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT REFERENCES TO COMMUNITY PHARMACIES WILL INSTEAD BE TO CHARITY PHARMACIES; TO AMEND REENACTED SECTION 73-21-126, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL ISSUE AND RENEW LICENSES AND PERMITS FOR BOTH IN- AND OUT-OF-STATE PERSONS, BUSINESSES AND ENTITIES OWNING OR SHIPPING INTO, WITHIN OR OUT OF THE STATE; TO AUTHORIZE THE BOARD TO USE AN OUTSIDE AGENCY TO ACCREDIT ALL PERSONS, BUSINESSES AND FACILITIES LICENSED OR PERMITTED WITH THE BOARD; TO AMEND REENACTED SECTION 73-21-127, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS RELATING TO THE PRESCRIPTION MONITORING PROGRAM; TO AMEND REENACTED SECTION 73-21-127.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PRESCRIPTION MONITORING PROGRAM SHALL PROVIDE A REPORT TO THE LEGISLATURE UPON REQUEST THAT INDICATES THE NUMBER OF OPIOID PRESCRIPTIONS THAT WERE PROVIDED TO PATIENTS DURING THAT YEAR, INSTEAD OF PROVIDING AN ANNUAL REPORT; TO AMEND REENACTED SECTION 73-21-129, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY ENTITY ASSISTING WITH THE RETURN OF OUTDATED DRUGS TO A MANUFACTURER ON BEHALF OF A PHARMACY SHALL REGISTER WITH THE BOARD AND HAVE A PERMIT; TO REPEAL SECTION 73-21-89, MISSISSIPPI CODE OF 1972, WHICH PROVIDED THAT A LICENSE TO PRACTICE PHARMACY WOULD BE ISSUED TO PERSONS PRESENTING PROOF OF GRADUATION FROM THE UNIVERSITY OF MISSISSIPPI SCHOOL OF PHARMACY BEFORE A CERTAIN DATE, AND SECTION 73-21-95, MISSISSIPPI CODE OF 1972, WHICH ABOLISHED THE ASSISTANT PHARMACIST LICENSE; AND FOR RELATED PURPOSES.

In the House of Representatives

• Sam Creekmore IV

  Sponsor

• House of Representatives floor amendmentAdopted

  Adopted Feb 6

• Senate committee amendmentPending

• Senate floor amendmentPending

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 16 – Feb 6

1. Jan 16Referred to the House committee on Public Health and Human Services
2. Jan 23Reported from committee in the House: title sufficient, do pass
3. Feb 6Amended in the House
4. Passed the House as amended

In the Senate Feb 10 – Mar 11

1. Feb 10Sent to the Senate
2. Feb 14Referred to the Senate committee on Public Health and Welfare
3. Mar 4Reported from committee in the Senate: title sufficient, do pass as amended
4. Mar 11Amended in the Senate
5. Passed the Senate as amended

Back in the House of Representatives Mar 14 – Apr 8

1. Mar 14Returned to the House to concur in the Senate's amendments
2. Mar 26Declined in the House to concur, and invited a conference
3. Mar 28Conferees named in the House: Creekmore IV, Yancey and Hines
4. Mar 31Conferees named in the Senate: Bryan, Parks and Wiggins
5. Conference report filed in the Senate
6. Conference report filed in the House
7. Apr 1Conference report adopted in the Senate
8. Conference report adopted in the House
9. Motion in the House to reconsider entered (Creekmore IV and Felsher)
10. Apr 2Motion in the House to reconsider tabled
11. Apr 8Enrolled bill signed in the House

To the Governor Apr 8 – Apr 23

1. Apr 8Enrolled bill signed in the Senate
2. Apr 23Approved by the Governor