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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Remak
HOUSE BILL NO. 1673
AN ACT TO BRING FORWARD SECTION 73-21-106, MISSISSIPPI CODE 1
OF 1972, WHICH RELATES TO NONRESIDENT PHARMACIES UNDER THE 2
MISSISSIPPI PHARMACY PRACTICE ACT, FOR PURPOSES OF POSSIBLE 3
AMENDMENT; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 73-21-106, Mississippi Code of 1972, is 6
brought forward as follows: 7
73-21-106. (1) Any pharmacy located outside this state that 8
performs any services included in the definition of the practice 9
of pharmacy for residents or to a business/entity/pharmacy of this 10
state shall be considered a nonresident pharmacy and shall be 11
permitted by the board. The board shall establish by rule or 12
regulation the criteria that each nonresident pharmacy must meet 13
to qualify for a nonresident permit. After a permit has been 14
issued, it may not be amended, transferred or reassigned. A 15
pharmacist in charge of a nonresident pharmacy may not be the 16
pharmacist in charge at any other location that has been issued a 17
permit by the board. 18
(2) Each nonresident pharmacy shall: 19
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(a) Comply with all lawful directions and requests for 20
information from the regulatory or licensing agency of the state 21
in which it is licensed as well as with all requests for 22
information made by the board under this section. The nonresident 23
pharmacy shall maintain at all times a valid unexpired license, 24
permit or registration to conduct the pharmacy in compliance with 25
the laws of the state in which it is a resident. As a 26
prerequisite to being permitted by the board, the nonresident 27
pharmacy shall submit a copy of the most recent inspection report 28
resulting from an inspection conducted by the regulatory or 29
licensing agency of the state in which it is located or by an 30
inspecting entity approved by the board; 31
(b) Maintain its records of controlled substances and 32
prescription or legend drugs or devices dispensed to patients in 33
this state so that the records are readily retrievable from the 34
records of other drugs dispensed; and 35
(c) Certify that it understands Mississippi pharmacy 36
laws and regulations and agrees to comply with those laws and 37
regulations and any other state or federal laws that apply to the 38
practice of pharmacy. The pharmacist-in-charge must hold a 39
Mississippi pharmacist license, be licensed to practice pharmacy 40
in the state of residence of the nonresident pharmacy, and be 41
current and in good standing with the licensing boards of both 42
states. 43
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(3) Any pharmacy subject to this section shall provide 44
during its regular hours of operation, but not less than six (6) 45
days per week and for a minimum of forty (40) hours per week, a 46
toll-free telephone service to facilitate communication between 47
patients in this state and a pharmacist at the pharmacy who has 48
access to the patient's records. This toll-free number shall be 49
disclosed on a label affixed to each container of drugs dispensed 50
to patients in this state. 51
(4) The permit fee for nonresident pharmacies shall be the 52
same as the fee as set by subsection (4) of Section 73-21-105. 53
(5) The permit requirements of this section shall apply to 54
any nonresident pharmacy that dispenses, distributes, ships, mails 55
or delivers controlled substances or prescription or legend drugs 56
and devices into this state directly to a consumer. 57
(6) The board may deny, revoke or suspend a nonresident 58
pharmacy permit only for: 59
(a) Failure to comply with any requirement of this 60
section or Section 41-29-125; 61
(b) Conduct that causes serious bodily or serious 62
psychological injury to a resident of this state if the board has 63
referred the matter to the regulatory or licensing agency in the 64
state in which the pharmacy is located and the regulatory or 65
licensing agency fails to initiate an investigation within 66
forty-five (45) days of the referral; or 67
(c) Violation of the Uniform Controlled Substances Law. 68
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ST: Mississippi Pharmacy Practice Act; bring
forward provision relating to nonresident
pharmacies.
(7) It is unlawful for any nonresident pharmacy that is not 69
permitted under this section to advertise its services in this 70
state, or for any person who is a resident of this state to 71
advertise the pharmacy services of a nonresident pharmacy that is 72
not permitted with the board, with the knowledge that the 73
advertisement will or is likely to induce members of the public in 74
this state to use the pharmacy to fill prescriptions. 75
(8) When requested to do so by the board or the Mississippi 76
Bureau of Narcotics, each nonresident pharmacy shall supply any 77
inspection reports, controlled substances dispensing records, 78
warning notices, notice of deficiency reports or any other related 79
reports from the state in which it is located concerning the 80
operation of a nonresident pharmacy for review of compliance with 81
state and federal drug laws. 82
SECTION 2. This act shall take effect and be in force from 83
and after July 1, 2026. 84