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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Byrd
HOUSE BILL NO. 956
AN ACT TO AMEND SECTION 41-29-137, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE PRESCRIBER OF A SCHEDULE II CONTROLLED SUBSTANCE OR 2
ANY OTHER OPIOID DRUG, BEFORE ISSUING THE INITIAL PRESCRIPTION IN 3
A COURSE OF TREATMENT FOR ACUTE OR CHRONIC PAIN AND AGAIN BEFORE 4
ISSUING THE THIRD PRESCRIPTION OF THE COURSE OF TREATMENT, TO 5
DISCUSS WITH THE PATIENT THE RISKS ASSOCIATED WITH THE DRUG BEING 6
PRESCRIBED AND ALTERNATIVE TREATMENTS THAT MAY BE AVAILABLE; AND 7
FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 41-29-137, Mississippi Code of 1972, is 10
amended as follows: 11
41-29-137. (a) (1) Except when dispensed directly by a 12
practitioner, other than a pharmacy, to an ultimate user, no 13
controlled substance in Schedule II, as set out in Section 14
41-29-115, may be dispensed without the written valid prescription 15
of a practitioner. A practitioner shall keep a record of all 16
controlled substances in Schedule I, II and III administered, 17
dispensed or professionally used by him otherwise than by 18
prescription. 19
(2) In emergency situations, as defined by rule of the 20
State Board of Pharmacy, Schedule II drugs may be dispensed upon 21
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the oral valid prescription of a practitioner, reduced promptly to 22
writing and filed by the pharmacy. Prescriptions shall be 23
retained in conformity with the requirements of Section 41-29-133. 24
No prescription for a Schedule II substance may be refilled unless 25
renewed by prescription issued by a licensed medical doctor. 26
(b) Except when dispensed directly by a practitioner, other 27
than a pharmacy, to an ultimate user, a controlled substance 28
included in Schedule III or IV, as set out in Sections 41-29-117 29
and 41-29-119, shall not be dispensed without a written or oral 30
valid prescription of a practitioner. The prescription shall not 31
be filled or refilled more than six (6) months after the date 32
thereof or be refilled more than five (5) times, unless renewed by 33
the practitioner. 34
(c) A controlled substance included in Schedule V, as set 35
out in Section 41-29-121, shall not be distributed or dispensed 36
other than for a medical purpose. 37
(d) An optometrist certified to prescribe and use 38
therapeutic pharmaceutical agents under Sections 73-19-153 through 39
73-19-165 shall have the prescriptive authority granted in Section 40
73-19-157. 41
(e) Administration by injection of any pharmaceutical 42
product authorized in this section is expressly prohibited except 43
when dispensed directly by a practitioner other than a pharmacy. 44
(f) (1) For the purposes of this article, Title 73, Chapter 45
21, and Title 73, Chapter 25, Mississippi Code of 1972, as it 46
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pertains to prescriptions for controlled substances, a "valid 47
prescription" means a prescription that is issued for a legitimate 48
medical purpose in the usual course of professional practice by: 49
(A) A practitioner who has conducted at least one 50
(1) in-person medical evaluation of the patient, except as 51
otherwise authorized by Section 41-29-137.1; or 52
(B) A covering practitioner. 53
(2) (A) "In-person medical evaluation" means a medical 54
evaluation that is conducted with the patient in the physical 55
presence of the practitioner, without regard to whether portions 56
of the evaluation are conducted by other health professionals. 57
(B) "Covering practitioner" means a practitioner 58
who conducts a medical evaluation other than an in-person medical 59
evaluation at the request of a practitioner who has conducted at 60
least one (1) in-person medical evaluation of the patient or an 61
evaluation of the patient through the practice of telemedicine 62
within the previous twenty-four (24) months and who is temporarily 63
unavailable to conduct the evaluation of the patient. 64
(3) A prescription for a controlled substance based 65
solely on a consumer's completion of an online medical 66
questionnaire is not a valid prescription. 67
(4) Nothing in this subsection (f) shall apply to: 68
(A) A prescription issued by a practitioner 69
engaged in the practice of telemedicine as authorized under state 70
or federal law; or 71
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(B) The dispensing or selling of a controlled 72
substance pursuant to practices as determined by the United States 73
Attorney General by regulation. 74
(g) This section does not apply to any of the actions that 75
are lawful under the Mississippi Medical Cannabis Act and in 76
compliance with rules and regulations adopted thereunder. 77
(h) Before issuing the initial prescription of a Schedule II 78
controlled substance or any other opioid drug that is a 79
prescription drug in a course of treatment for acute or chronic 80
pain and again before issuing the third prescription of the course 81
of treatment, a practitioner shall discuss with the patient, or 82
the patient's parent or guardian if the patient is under eighteen 83
(18) years of age and is not an emancipated minor, the risks 84
associated with the drugs being prescribed, including, but not 85
limited to: 86
(1) The risks of addiction and overdose associated with 87
opioid drugs and the dangers of taking opioid drugs with alcohol, 88
benzodiazepines and other central nervous system depressants; 89
(2) The reasons why the prescription is necessary; 90
(3) Alternative treatments that may be available; and 91
(4) Risks associated with the use of the drugs being 92
prescribed, specifically that opioids are highly addictive, even 93
when taken as prescribed, that there is a risk of developing a 94
physical or psychological dependence on the controlled substance, 95
and that the risks of taking more opioids than prescribed, or 96
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ST: Opioid drugs; prescriber shall discuss with
patient before prescribing, the risks of the
drugs and available alternatives.
mixing sedatives, benzodiazepines or alcohol with opioids, can 97
result in fatal respiratory depression. 98
The practitioner shall include a note in the patient's 99
medical record that the patient or the patient's parent or 100
guardian, as applicable, has discussed with the practitioner the 101
risks of developing a physical or psychological dependence on the 102
controlled substance and alternative treatments that may be 103
available. 104
SECTION 2. This act shall take effect and be in force from 105
and after July 1, 2026. 106