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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Creekmore IV, Read
HOUSE BILL NO. 1134
AN ACT TO AMEND SECTION 73-21-97, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE STATE BOARD OF PHARMACY TO ESTABLISH BY RULE AN 2
ALTERNATIVE TO DISCIPLINE PROGRAM FOR LICENSEES WHO HAVE AN 3
IMPAIRMENT AS A RESULT OF SUBSTANCE ABUSE OR A MENTAL HEALTH 4
CONDITION; TO PROVIDE THAT PARTICIPATION IN THE PROGRAM IS 5
VOLUNTARY WITH THE LICENSEE, AND THE LICENSEE MUST ENTER THE 6
PROGRAM BEFORE THE BOARD HOLDS A DISCIPLINARY ACTION HEARING 7
REGARDING THE LICENSEE; TO PROVIDE THAT THE LICENSEE MAY BE 8
REQUIRED TO CONTRIBUTE TO THE COST OF PARTICIPATION IN THE 9
PROGRAM, INCLUDING THE COST OF ANY CARE, COUNSELING, TREATMENT 10
AND/OR EDUCATION RECEIVED BY THE LICENSEE; AND FOR RELATED 11
PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 73-21-97, Mississippi Code of 1972, is 14
amended as follows: 15
73-21-97. (1) The board may refuse to issue or renew, or 16
may suspend, reprimand, revoke or restrict the license, 17
registration or permit of any person, or may impose a monetary 18
penalty, upon one or more of the following grounds: 19
(a) Unprofessional conduct as defined by the rules and 20
regulations of the board; 21
(b) Incapacity of a nature that prevents a pharmacist 22
or intern/extern from engaging in the practice of pharmacy or a 23
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pharmacy technician from engaging in or providing nonjudgmental 24
technical services in the practice of pharmacy with reasonable 25
skill, confidence and safety to the public; 26
(c) Being found guilty by a court of competent 27
jurisdiction of one or more of the following: 28
(i) A felony; 29
(ii) Any act involving moral turpitude or gross 30
immorality; or 31
(iii) Violation of pharmacy or drug laws of this 32
state or rules or regulations pertaining thereto, or of statutes, 33
rules or regulations of any other state or the federal government; 34
(d) Fraud or intentional misrepresentation by a 35
licensee, registrant or permit holder in securing the issuance or 36
renewal of a license or permit; 37
(e) Engaging or aiding and abetting an individual to 38
engage in the practice of pharmacy without a license; 39
(f) Violation of any of the provisions of this chapter 40
or rules or regulations adopted pursuant to this chapter; 41
(g) Failure to comply with lawful orders of the board; 42
(h) Negligently or willfully acting in a manner 43
inconsistent with the health or safety of the public; 44
(i) Addiction to or dependence on alcohol or controlled 45
substances or the unauthorized use or possession of controlled 46
substances; 47
(j) Misappropriation of any prescription drug; 48
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(k) Being found guilty by the licensing agency in 49
another state of violating the statutes, rules or regulations of 50
that jurisdiction; 51
(l) The unlawful or unauthorized possession of a 52
controlled substance; 53
(m) Willful failure to submit drug monitoring 54
information or willful submission of incorrect dispensing 55
information as required by the Prescription Monitoring Program 56
under Section 73-21-127; 57
(n) Failure to obtain the license, registration or 58
permit required by this chapter; or 59
(o) Violation(s) of the provisions of Sections 41-121-1 60
through 41-121-9 relating to deceptive advertisement by health 61
care practitioners. 62
(2) In lieu of suspension, revocation or restriction of a 63
license, registration or permit as provided for above, the board 64
may warn, reprimand or issue a citation to the offending licensee, 65
registrant or permit holder. 66
(3) The board may establish by rule an alternative to 67
discipline program for licensees who have an impairment as a 68
result of substance abuse or a mental health condition, which 69
program shall include at least the following components: 70
(a) Participation in the program is voluntary with the 71
licensee, and the licensee must enter the program before the board 72
holds a disciplinary action hearing regarding the licensee; 73
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ST: Board of Pharmacy; authorize to establish
an alternative to discipline program for
licensees who have impairments.
(b) The licensee may be required to contribute to the 74
cost of participation in the program, including the cost of any 75
care, counseling, treatment and/or education received by the 76
licensee; 77
(c) All of the procedures and records regarding the 78
licensee's participation in the program shall be confidential, 79
shall not be disclosed and shall be exempt from the provisions of 80
the Mississippi Public Records Act of 1983. 81
( * * *4) In addition to the grounds specified in subsection 82
(1) of this section, the board shall be authorized to suspend the 83
license, registration or permit of any person for being out of 84
compliance with an order for support, as defined in Section 85
93-11-153. The procedure for suspension of a license, 86
registration or permit for being out of compliance with an order 87
for support, and the procedure for the reissuance or reinstatement 88
of a license, registration or permit suspended for that purpose, 89
and the payment of any fees for the reissuance or reinstatement of 90
a license, registration or permit suspended for that purpose, 91
shall be governed by Section 93-11-157 or 93-11-163, as the case 92
may be. If there is any conflict between any provision of Section 93
93-11-157 or 93-11-163 and any provision of this chapter, the 94
provisions of Section 93-11-157 or 93-11-163, as the case may be, 95
shall control. 96
SECTION 2. This act shall take effect and be in force from 97
and after July 1, 2026. 98