Back to Square One: Mississippi Board of Pharmacy Reaffirms Ban on Shared Pharmacy Services
Today, the Mississippi Board of Pharmacy (“Board”) issued a notice to licensees confirming that its rulemaking process on shared pharmacy services has concluded, and that no changes have been made to the state’s current restrictions. The notice states:
The MS Board of Pharmacy has completed the rule-making process regarding shared pharmacy services. This process did not result in any changes to allowed shared pharmacy services. Current MS regulations do not allow a pharmacy to utilize the services of another pharmacy during the dispensing process in a retail setting. Prescription dispensing services, including but not limited to off-site medication order entry, verification, labeling, compounding, and dispensing, cannot be done by multiple pharmacies per current regulations.
The Board clarified that while certain administrative activities, such as prior authorization, may be performed off-site, any function that directly alters a patient’s prescription record must occur within a single licensed pharmacy. The notice further cautions that approval of an initial or renewal pharmacy permit “does not constitute a waiver” of the Board’s right to enforce its regulations.
Back to the Pre-Rulemaking Status Quo
This latest communication brings Mississippi squarely back to its original position: only one pharmacy may process, fill, and dispense a prescription for a Mississippi resident. Significantly, the Board has insisted that this prohibition applies to non-resident pharmacies that dispense prescriptions to Mississippi patients. The Board’s notice confirms that the 2023 proposal to authorize shared order processing, previously approved by the Board but never finalized through the Occupational Licensing Review Commission, has effectively been abandoned.
As discussed in our prior client alert, the proposed rules would have permitted limited remote processing arrangements similar to those now common in other states. By declaring the rulemaking process “complete” without adopting revisions, the Board has effectively closed the door on shared services for the foreseeable future.
Operational Impact
Pharmacies that service Mississippi patients may wish to re-evaluate their workflows immediately to ensure compliance. Any arrangement that involves another licensed pharmacy performing order entry, verification, filling, labeling, or dispensing for Mississippi prescriptions may be considered non-compliant by the Board. We understand that the Board is actively reviewing inspection reports as well as renewal applications for the mention of shared services arrangements, which may potentially result in significant delays in the renewal process.
The Board’s characterization of the rulemaking process as “complete” signals that shared services are no longer an active regulatory priority in Mississippi. Stakeholders seeking modernization of the state’s pharmacy practice rules will likely need to await a future rulemaking cycle.
Quarles will continue to monitor developments and advise clients on compliance strategies and advocacy opportunities as the regulatory landscape evolves. If you have any questions regarding how this may impact your business, please contact your Quarles attorney or:
- Susan Brichler Trujillo: (602) 229-5318 / susan.trujillo@quarles.com
- Nick Meza: (602) 229-5439 / nicholas.meza@quarles.com
- Luis Lanz: (602) 229-5331 / luis.lanz@quarles.com