The July 1, 2019 through June 30, 2020 Durable Medical Equipment (DME) Permit Renewal Period is now open. First Time Users: Register as a new user to log in. Returning Users: Log in to your account and renew. For username and password assistance please email: Licensing@mbp.ms.gov.
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Below is a list of frequently asked questions. If you have any other questions that are not answered on this page please email the Mississippi Board of Pharmacy.
How can or cannot a hospital use drugs purchased under preferential prices?
The Board of Pharmacy receives numerous calls concerning how a hospital can or cannot use
drugs purchased under preferential prices.
The Abbott Labs, Inc., V. Portland Retail Druggist Association, Inc. case answered most of those
questions. In that case the court, for convenience, classified hospital sales into 10 areas and then
stated if the preferential priced drugs could legally be sold in those areas of sales. We have
attempted to summarize that case.
* Inpatient--one who is admitted to the hospital for at least overnight bed occupancy.
* Patients admitted to the Emergency Room.
* Outpatient--one who receives treatment or consultation on the premises, but is not an inpatient.
Court Opinion--The hospital pharmacy can sell drugs purchased at preferential prices in these
Note: Board of Pharmacy regulations limit quantities dispensed from the E.R. room to a 48-hour
supply, except for antibiotics.
* Inpatients or E.R. Patients upon discharge for personal use away from premises.
* Outpatients for personal use away from premises.
Court Opinion--The court ruled that the genuine take-home prescription, intended for a limited
and reasonable time, is a continuation of, or supplement to, the treatment in the hospital, and
allowed the hospital pharmacy to fill these prescriptions.
Note: Arkansas Hospital Regulations limit discharge medications to a "reasonable quantity."
This has been defined as not more than a 30-day supply, and hospitals are not allowed to fill
"outpatient" prescriptions to be used by patients away from the hospital.
* Renewal or refills of prescriptions for former patients.
Court Opinion--These are not allowed.
* Hospital employees and dependents.
Court Opinion--These can be filled.
* Staff physicians, not employees, for personal or dependents' use.
Court Opinion--These can be filled.
* Physician member of hospital staff for use in private practice away from the hospital.
Court Opinion--The hospital cannot provide these medications.
Note: This would probably apply to non-hospital based ambulance services.
* Walk-in customers who are not hospital patients.
Court Opinion--The hospital pharmacy cannot fill these orders except in emergencies and "so
long as the hospital pharmacy holds the emergency situation within bounds and entertains it only
as a humanitarian gesture."
Note: This is the logic the board office follows to conclude that the emergency sales by hospital
pharmacies to community pharmacies would be allowed "to meet an immediate patient need." Be
careful to assure that the occasional sale is to meet a specific patient's needs, and that the hospital
does not in any way become the routine source of supply.
HOSPITAL -- COMMUNITY: SALES UNDER THE DINGELL BILL
The Dingell Bill prohibits the sale, purchase, or trade, or offer to sell, purchase, or trade any drug
which was purchased by a public or private hospital. It also states that this prohibition does not
apply to..."a sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for
emergency medical reasons." In another area it further clarifies "emergency medical reasons" to
include: "transfers of a drug between health care entities or from a health care entity to a retail
pharmacy undertaken to alleviate temporary shortages of the drug arising from delays in or
interruptions of regular distribution schedules."
This is not a valid legal opinion but is advise: If a patient needs a medication which is not
immediately available except from a hospital, we believe the hospital can sell the drug to the
retail pharmacy. Remember, there is a patient who can be named who needs the medication, and
thus, a medical emergency exists.
From the clarification, we believe that if a retail pharmacy has ordered a specific drug for a
patient and it is not in the Friday evening delivery and not available except from the hospital,
then the hospital can also sell a quantity of the drug to the retail pharmacy. Again, there is a
patient that can be named who needs the medication.
The price charged in both instances is set by the seller, the hospital.
Conversely, we believe it would violate Dingell for a hospital to sell a retail pharmacy in
instances where the retail pharmacy just doesn't want to buy the quantity packaged by the
As an example, even though they are "Emergency Boxes," the hospital cannot sell retail
pharmacies the supplies just because the pharmacy does not want to purchase 25 ampules.
Sales to M.D.'s: From previous court rulings, a hospital cannot sell legend drugs to supply a
physician's private practice. In situations where hospitals "underwrite" physician practices, the
determination would be "is the practice private?"
What are the legal guidelines for the format of Prescription Blanks?
The Board of Pharmacy continues to receive numerous inquiries concerning legal guidelines for
the format of prescription blanks in the State of Mississippi. In that regard, the Board offers the
Both of the above can be accessed by clicking on the above hyperlinks or from the Board’s home
page by clicking “Pharmacy Practice Act” and/or “Regulations”.
The requirements of a legal prescription blank are, that there shall be a signature line in the
lower right-hand corner beneath which shall be imprinted the words “Substitution Permitted” and
a signature line in the lower left corner beneath which shall be imprinted the words “Dispense as
All other inquiries such as pre-printed blanks, number of prescription orders per blank and the
electronic transfer of a prescription order should be addressed by the Mississippi State Board of
Medical Licensure. They can be contacted by telephone at 601-987-3079 or by fax at 601-987-
4159. Their web address is www.msbml.state.ms.us.
What does a facility need to do when there is a loss of controlled substances?
Facilities need to report losses of controlled substances to the Board as required in Article XXV
of the Mississippi Pharmacy Practice Regulations. Article XXV, Inventory Requirements for
Controlled Substances, paragraph 1, states that if a facility has a loss of controlled substances as
a result of a burglary, armed robbery, employee theft, customer pilferage, etc., a complete
inventory of all remaining controlled substances must be made and the loss must be reported to
the Board within 48 hours of the discovery of the loss. A written report, which includes a copy
of the written remaining inventory of controlled substances, must be provided to the Board
within 15 days.
When you contact the Board office to report the loss, you will be instructed to also report it to
the regional office of the Drug Enforcement Administration (DEA) in New Orleans at (504) 840-
1100. The Mississippi Bureau of Narcotics will send you forms to complete. A copy of this form
will suffice for the report that is required to be sent to the Board. You must submit copies of the
written report or form to the following agencies: the Board of Pharmacy, The Mississippi Bureau
of Narcotics, and the DEA office in New Orleans.
The controlled substance inventory taken as a result of a loss will not suffice for the annual
inventory of controlled substances now required by Article XXV, paragraph 3, of the Pharmacy
What does a permit holder need to do when he/she will no longer be the permit holder?
Pharmacy permit holders, as stated in Article VII of the Mississippi Pharmacy Practice
Regulations, are required to notify the Board when they leave the permitted facility. If the
employment of the permit holder is terminated, or if for any other reason he/she wishes to be
relieved of the responsibilities of the permit holder, he/she must:
When the relinquishing permit holder cannot or does not comply with these inventory
requirements, it shall be the responsibility of the new permit holder to send to the Board an
inventory of any controlled substances on hand at the time he/she assumes responsibility as
permit holder. Application for a new permit must be made to the Board within 10 days.
What examinations are recognized by the Board for Pharmacy Technician Certification?
Please contact the exam of your choice for study material!
What is the current procedure for students wanting to take the NAPLEX/MPJE?
Students desiring to take the NAPLEX and/or MPJE can visit the NABP webpage at
www.NABP.net to register for the exam(s).
Upon receipt of proof of graduation from candidate's school of pharmacy and proof of 1600 prelicensure
hours certified by candidate's board of pharmacy, graduate will be marked eligible to
take NAPLEX/MPJE. This is done electronically. After candidate has received his/her ATT
(Authorization To Test) number, he/she may contact testing site to schedule an appointment to
take exam(s). Please allow three (3) to seven (7) business days (from test date) in order for the
board to receive test scores. Exam results will be posted on the board's website by ATT
numbers. Please do not call the board office inquiring about results, NO INFORMATION WILL
BE PROVIDED VERBALLY.
What medications are Home Health/Hospice Providers allowed to stock?
Limited to the purchase, possession and sale of: Heparin Flush, Granulex, Sterile Water for Irrigation, Sterile Water for
Injection, Sodium Chloride for Irrigation, Sodiium Chloride for Injection, Diphenhydramine Injection, Epinephrine for
Injection, A Cortical Steroid (e.g. Solu-Medral, Solu-Cortef or Decadron), Tuberculin Purified Protein Derivative (PPD),
Hepatitis B Vaccine, IV Solutions, Flu Vaccine,Abbokinase and Pneumonia Vaccine.
How do I check My NAPLEX/MPJE Scores?
After you take the NAPLEX/MPJE and are ready to check your results, remember that you must have your Authorization to Test (ATT) Number to access your score(s). If we have received your results, they will be pulled up once you enter your ATT number. You may access your results here.
Note: We CANNOT give scores or ATT Numbers over the phone.
How do I update my email address with the Board?
To update your email address, please send an email to Licensing@mbp.ms.gov including your name/facility name, permit/license/registration number and updated email address.
NOTE: All renewal notices are now disseminated via email. Having a current email address on file with the Mississippi Board of Pharmacy is vital in order to receive all communication from our office.
I am a Pharmacist or a Pharmacy Technician. How do I update my name, address or employment with the MBP Office?
To update your name, address or employment with us, please use the amendment form located on our website to submit these changes. For a name change, you must submit legal documentation in addition to the amendment form. You can find the amendment to license/registration form here.
When will I receive my Authorization to Test (ATT) Number?
You will receive your ATT number after we have received your certificate of graduation and you have registered with NABP to take the exams.