Requirements of PIC in Mississippi

An inventory which shall include such drugs, chemicals, and preparations as may be necessary to fill ordinary prescriptions as indicated by experience in the area where the pharmacy is located;

Other states most likely have similar requirements of the Pharmacist in Charge. ceasing to stock certain medications – or claiming not to have them in inventory could be a violation of the state’s pharmacy practice act

ARTICLE VII RESPONSIBILITY OF PHARMACIST-IN-CHARGE (PIC)
1. The person who signs the application for a pharmacy permit or the renewal of a pharmacy permit shall be the pharmacist-in-charge (PIC) for that facility.
A. Authority. The PIC of the pharmacy shall be responsible for complete supervision, management and compliance with all federal and state pharmacy laws and regulations pertaining to the practice of pharmacy in the entire prescription department. He/She shall have the cooperation and support of all pharmacy staff in carrying out these responsibilities. The pharmacist-in-charge is responsible for assuring that all personnel are properly registered or licensed with the Board and, that all pharmacy permits are current and appropriate for the type of pharmacy operation being conducted.
A pharmacist shall not be the PIC at more than one Community Pharmacy or Institutional I Pharmacy and shall not be the pharmacist-in-charge or have personal supervision of more than one facility which is open to the general public on a full time basis.
B. Recommended Guidelines:
(1) That each individual work space is designed to provide space and a work flow design that will accommodate the workload in an organized fashion;
(2) That the computer’s software should be of a design so that drug interactions and contraindications must be reviewed by the pharmacist. Further, the computer system should support counseling and drug utilization review documentation;
(3) That trained supportive staff should be maintained to meet the demands of the practice site, workload, and the clientele served;
(4) That all staff should have the opportunity to take periodic breaks and/or meal periods to relieve fatigue and mental and physical stress. Nothing in this paragraph suggests closing the pharmacy;
(5) That all staff should be afforded and encouraged to participate in training and continuing education in order to keep them abreast of new information and changes in the field;
(6) That if quotas or formulas such as prescription volume are used to set staffing, conditions such as peak workload periods, workplace design, and the training of staff must be taken into consideration.
C. Circumvention. It is a violation of this section for any person to subvert the authority of the pharmacist-in-charge by impeding the management of the prescription department for the compliance with federal and state drug or pharmacy laws and regulations. Any such circumvention may result in charges being filed against the pharmacy permit.
2. A permit for a pharmacy located within the state shall not be issued or renewed unless such person be a pharmacist licensed in this state.
If the pharmacist license of the pharmacist-in-charge becomes void or inactive due to surrender, revocation, suspension, restriction, or for any other reason, application must be made for a new pharmacy permit by another pharmacist within ten (10) days.
3. If the employment of a pharmacist-in-charge is terminated or if for any other reason he/she wishes to be relieved of the responsibilities of the PIC, he/she must:
A. Return the permit to the Mississippi Board of Pharmacy with written notice that he/she is no longer the pharmacist-in-charge for that facility and;
B. In accordance with the provision of paragraph 2 of ARTICLE XXV of the Regulations, send to the Board of Pharmacy an inventory of any controlled substances on hand at the facility at the time of his/her termination as pharmacist-in-charge.
C. When the relinquishing PIC cannot or does not comply with the inventory requirements of this paragraph it shall be the responsibility of the new PIC to send to the Board of Pharmacy an inventory of any controlled substances on hand at the time he/she assumes responsibility as PIC.
D. The relinquishing PIC is responsible for notification of appropriate supervisors or owners of the surrender of the permit.
When a permit is thus returned for a facility, application for a new permit for that facility must be made to the Mississippi Board of Pharmacy within ten (10) days.
4. If a permitted facility is permanently closed or has a change of ownership, the pharmacist-in-charge for that facility shall give notice to the Board of the effective date of closure or change in ownership and include the storage location of the businesses records and appropriate contact information. If a permitted facility has a change in name or location, application for a new permit must be made to the Board at least ten (10) days prior to the change in name or location. Once issued, a permit cannot be amended, transferred, or assigned to another person.
5. On the premises where a pharmacy is maintained in conjunction with other services or business activities, the pharmacy shall be physically secured from such other services or activities during those times a pharmacist is not present and the pharmacy is not open and other services or activities are being provided on the premises.
A. The Pharmacy shall be secured by a physical barrier to detect entry at a time when the Pharmacist is not present.
B. Each pharmacist, while on duty, shall be responsible for the security of the Pharmacy, including provisions for effective control against theft or diversion of Drugs and/or Devices.
C. The pharmacist-in-charge shall be responsible for adequate security being maintained on drugs in all areas of the permitted facility at all times and is responsible for reporting any loss or suspected loss of controlled substances or legend drugs directly to the Board immediately (this does not relieve any pharmacist who discovers a loss from the requirement of reporting the loss directly to the Board).
6. Each facility issued a pharmacy permit by the Mississippi Board of Pharmacy shall maintain:
A. An area of sufficient size to accommodate the dispensing functions of the facility and which is adequately equipped to provide for the proper storage of drugs and supplies under appropriate conditions of temperature, light, moisture, sanitation, ventilation, and security. All areas where Drugs and Devices are stored shall be dry, well lighted, well ventilated, and maintained in a clean and orderly condition. Storage areas shall be maintained at temperatures which will ensure the integrity of the Drugs prior to their dispensing as stipulated by the USP-NF and/or the Manufacturer’s or Distributor’s labeling;
B. A sink with hot and cold running water which is convenient to the dispensing area;
C. An inventory which shall include such drugs, chemicals, and preparations as may be necessary to fill ordinary prescriptions as indicated by experience in the area where the pharmacy is located;
D. Technical equipment which may include measuring graduates, mortar and pestle, spatulas, funnels, ointment slab or paper, balance, and such other items of equipment found to be necessary for the filling of prescriptions or rendering of other pharmacist services;
E. Current reference material adequate for professional and consumer information.
F. Pharmacy permits, facility controlled substance registrations, and DEA registrations must be conspicuously posted. Evidence of current pharmacist licensure and pharmacy technician registration must be provided on request by any agent of the Board;
G. A current and updated copy of the Mississippi Board of Pharmacy Practice Regulations and Pharmacy Practice Act.
7. It is the responsibility of the Pharmacist-in-charge to establish and implement procedures to ensure compliance with the Article entitled Prescription Monitoring Program.
8. The pharmacist-in-charge shall be responsible for written policies and procedures for maintaining the integrity and confidentiality of prescription and patient health care information. All employees of the pharmacy with access to any such information shall be required to read, sign, and comply with the established policies and procedures.

4 Responses

  1. Pharmacists lying about not having certain meds (OPIOIDS DUH) may be a violation of MS PIC laws. We hear this excuse all the time.

    And I have been told other whoppers about DEA saying this or FDA banning that.

    MS is a one party recording state so from now on I will record my MD appts, my pharmacy interaction s-every last rude hostile contemptuous remark coming from a tech of 24 making medical decisions for a senior citizen…..so gon on guys, lie, judge, condemn us to awful pain……you are being recorded.

    • Good luck in getting the Board of Pharmacy to act… most of the BOP are stacked with non-practicing corporate pharmacists… do you think that they are going to go after the chain that send them a paycheck every two weeks ? From what I have seen.. while those on the BOP’s work for different chains.. they may be competitors in the market place… but they are all SUPPORTIVE of the chain store industry.. and collectively will not do anything against that industry

  2. According to a posting by Steve, pain sufferers should just suck it up.

  3. I gather that this has to do with the artificial paucity of CII medications that is more becoming a commonality in this country. It’s sad, and yet fortunate in a strange way, that the DEA has finally shown itself to the public for how it views the individual who suffers from pain. I’ve come to the conclusion that the DEA and the various state-level analogs see the individual sufferer of chronic pain as an addict who has yet to be arrested.

    There was a time when we had peace officers in this land. Now we have law enforcers. The difference is that the peace officer saw the raison d’être of the law was to serve the people. The enforcer, on the other hand, sees the people in servitude to the law. They serve the institution and not the people.

    We are now seeing the pharmacist realigning his/her loyalty and focus of service to that of the State. The patient is no longer job one. The State has declared that it should be so via string arm and intimidation tactics.

    These are just a few of the thoughts that I had as I was reading your posting here Steve. I’ve been a pharmacist for 23 years and I finally had gotten to the point that could not continue to work in a dispensing system that has been conformed to serve the State and not the patient.

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