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To: Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hopson, DeBar, Blackwell,
McLendon, Parks, Simmons (13th), Wiggins
SENATE BILL NO. 3075
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS TO DEFRAY THE 1
EXPENSES OF THE MISSISSIPPI STATE BOARD OF PHARMACY FOR FISCAL 2
YEAR 2027. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. The following sum, or so much thereof as may be 5
necessary, is hereby appropriated out of any money in the State 6
Treasury to the credit of the Mississippi State Board of Pharmacy, 7
for the purpose of defraying the expenses incurred by said board 8
for the fiscal year beginning July 1, 2026, and ending 9
June 30, 2027.................................. $ 4,398,210.00. 10
SECTION 2. Of the funds appropriated under the provisions of 11
this act, not more than the following amount of funds, with the 12
exception of the provisions in this section, shall be expended 13
only for "Personal Services," which includes "Vacancy Funding," 14
for the following authorized number of employment headcount: 15
FUNDING: 16
General Funds: $ 0.00 17
Special Funds: $ 2,897,314.00 18
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Total Funds: $ 2,897,314.00 19
PERSONAL SERVICES: 20
Employee Salaries, Wages and 21
Fringe Benefits: $ 2,765,156.00 22
Progressions: $ 0.00 23
Vacancy Funding: $ 132,158.00 24
Total Personal Services: $ 2,897,314.00 25
AUTHORIZED HEADCOUNT: 26
Permanent: 21 27
Time-Limited: 0 28
As used in this section, the term "Personal Services" shall 29
mean funds provided under the major object of expenditure category 30
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 31
in this category shall not be transferred to any other category. 32
It is the intention of the Legislature to ensure compliance 33
with the Variable Compensation Plan, as outlined in Section 34
25-9-147, Mississippi Code of 1972. Payment from these funds 35
shall be in accordance with the Variable Compensation Plan 36
promulgated by the Mississippi State Personnel Board. It is the 37
Legislature's intention that no employee's salary falls below the 38
minimum salary established by the Mississippi State Personnel 39
Board. 40
The State Personnel Board shall determine and publish the 41
projected annual cost of "Personal Services" based on monthly and 42
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year-to-date payroll expenditures in compliance with the 43
provisions of this act. 44
With the funds herein appropriated, it shall be the agency's 45
responsibility to ensure that no single personnel action or 46
combination of personnel actions, when annualized, exceeds the 47
Fiscal Year 2027 appropriation for "Personal Services" with the 48
exception of escalated funds. Further, it shall be the agency's 49
responsibility to ensure that funds required to be appropriated 50
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 51
Year 2027 funds appropriated for that purpose unless programs or 52
positions are added to the agency's Fiscal Year 2027 budget by the 53
Mississippi Legislature. 54
If, at the time the agency takes any action to change 55
"Personal Services," the State Personnel Board determines that the 56
agency has taken or will take an action that would cause the 57
agency to exceed the funds appropriated in this act when 58
annualized for Fiscal Year 2027 or increase the need for "Personal 59
Services" for Fiscal Year 2028, when annualized, the State 60
Personnel Board shall process no salary actions until such time as 61
the requirements of the provisions of this section are met with 62
the exception of new hires determined to be essential for the 63
agency. 64
When used in this section, "Vacancy Funding" shall mean funds 65
included in the Total Personal Services amount listed above and 66
designated for approved vacancies in Fiscal Year 2027. These 67
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funds are to be utilized to increase the number of filled 68
headcounts that were authorized but unfilled as of the last day of 69
Fiscal Year 2026. If the agency fills additional headcounts after 70
February 1, 2026, until the end of Fiscal Year 2026, the amount of 71
available Vacancy Funding may be proportionally adjusted to 72
reflect the updated number of filled headcounts. The agency shall 73
be responsible for ensuring that "Vacancy Funding" is used to 74
increase headcounts and not for promotions, title changes, 75
in-range salary adjustments, or any other mechanism for increasing 76
salaries for current employees. 77
Any transfers or escalations shall be made in accordance with 78
the terms, conditions, and procedures established by law or 79
allowable under the terms set forth within this act. The State 80
Personnel Board shall not escalate positions or increase the 81
Personal Services total without written approval from the 82
Department of Finance and Administration. The Department of 83
Finance and Administration shall not provide written approval to 84
escalate any funds for salaries and/or headcounts without proof of 85
availability of new or additional funds above the appropriated 86
level. Unless specifically noted, all Fiscal Year 2026 escalated 87
headcounts have been accounted for and shall be converted to 88
authorized time-limited headcounts. 89
No general funds authorized to be expended herein shall be 90
used to replace federal funds and/or other special funds used for 91
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salaries authorized under the provisions of this act and which are 92
withdrawn and no longer available. 93
None of the funds herein appropriated shall be used in 94
violation of the Internal Revenue Service's Publication 15-A 95
relating to the reporting of income paid to contract employees, as 96
interpreted by the Office of the State Auditor. 97
If the agency's total authorized headcount decreases from 98
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 99
discretion as to what headcounts are removed. 100
SECTION 3. In compliance with the "Mississippi Performance 101
Budget and Strategic Planning Act of 1994," it is the intent of 102
the Legislature that the funds provided herein shall be utilized 103
in the most efficient and effective manner possible to achieve the 104
intended mission of this agency. Based on the funding authorized, 105
this agency shall make every effort to attain the targeted 106
performance measures provided below: 107
FY2027 108
Performance Measures Target 109
Licensure 110
Percent of Licenses Issued within Ten 111
Business Days 100.00 112
Percent of Renewals Issued within Two 113
Business Days 100.00 114
Compliance 115
Number of Written Complaints Received 120 116
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Percent of Written Complaints Resolved 117
within Six Months 98.00 118
Number of Investigations Conducted Due 119
to the Diversion of Prescription Drugs, 120
Impaired 20 121
Number of Investigations Conducted Due 122
to the Pharmacists and Pharmacy 123
Technicians 30 124
Recidivism Rate for Those Receiving 125
Disciplinary Actions (% Avg of Three 126
Years) 5.00 127
Prescription Monitoring Prg 128
Percent of In-State Physicians 129
Registered to PMP 100.00 130
Percent of Licensed APRNs Registered to PMP 100.00 131
Percent of Pharmacists Registered to PMP 100.00 132
A reporting of the degree to which the performance targets 133
set above have been or are being achieved shall be provided in the 134
agency's budget request submitted to the Joint Legislative Budget 135
Committee for Fiscal Year 2028. 136
SECTION 4. It is the intention of the Legislature that 137
whenever two (2) or more bids are received by this agency for the 138
purchase of commodities or equipment, and whenever all things 139
stated in such received bids are equal with respect to price, 140
quality and service, the Mississippi Industries for the Blind 141
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shall be given preference. A similar preference shall be given to 142
the Mississippi Industries for the Blind whenever purchases are 143
made without competitive bids. 144
SECTION 5. It is the intention of the Legislature that the 145
Board of Pharmacy shall maintain complete accounting and personnel 146
records related to the expenditure of all funds appropriated under 147
this act and that such records shall be in the same format and 148
level of detail as maintained for Fiscal Year 2026. It is further 149
the intention of the Legislature that the agency's budget request 150
for Fiscal Year 2028 shall be submitted to the Joint Legislative 151
Budget Committee in a format and level of detail comparable to the 152
format and level of detail provided during the Fiscal Year 2027 153
budget request process. 154
SECTION 6. It is the intention of the Legislature that the 155
funds herein appropriated shall be expended in compliance with 156
Section 27-104-25, Mississippi Code of 1972, that no state agency 157
shall incur obligations or indebtedness in excess of their 158
appropriation and that the responsible officers, either personally 159
or upon their official bonds, shall be held responsible for 160
actions contrary to this provision. 161
SECTION 7. In accordance with the Pharmacy Benefit Prompt 162
Pay Act, Sections 73-21-151 through 73-21-163, Mississippi Code of 163
1972, the Mississippi Board of Pharmacy may escalate the 164
appropriate funds not to exceed Five Hundred Thousand Dollars 165
($500,000.00) of its budget during the fiscal year for the 166
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ST: Appropriation; Pharmacy, Board of.
purposes of conducting compliance examinations and regulatory 167
oversight as authorized by the act. 168
SECTION 8. In accordance with Section 73-21-127(h), 169
Mississippi Code of 1972, the Mississippi Board of Pharmacy may 170
accept and expend funds from any other state agency to defray the 171
expenses of the Prescription Monitoring Program. 172
SECTION 9. Of the funds appropriated under this act, funds 173
are provided for any ITS charges that may be required for system 174
upgrades or migration related to the Cloud Center of Excellence 175
Act, as described in Section 25-53-251, Mississippi Code of 1972. 176
SECTION 10. Of the funds appropriated in Section 1 of this 177
act, One Hundred Eighteen Thousand Sixty-seven Dollars 178
($118,067.00) is provided for the purpose of supporting licensee 179
substance abuse and mental health services. 180
SECTION 11. The money herein appropriated shall be paid by 181
the State Treasurer out of any money in the State Treasury to the 182
credit of the proper fund or funds as set forth in this act, upon 183
warrants issued by the State Fiscal Officer; and the State Fiscal 184
Officer shall issue his warrants upon requisitions signed by the 185
proper person, officer or officers in the manner provided by law. 186
SECTION 12. This act shall take effect and be in force from 187
and after July 1, 2026. 188