1. Authority:
The 1983 Mississippi Dental Practice Act, Miss. Code Ann.,
§
73-9-1, et. seq.
(Supp. 1983), requires the Mississippi State Board of Dental Examiners
(hereinafter the "Board") to carry out the purposes and provisions of the laws
pertaining to the practice of dentistry in Mississippi. Pursuant to Miss. Code
Ann. §
73-9-53
(Supp. 1983), legally licensed and registered dentists may write prescriptions
for any drugs to be used in the practice of dentistry. Where dentists
administer, dispense or prescribe a narcotic drug, or other drug having
addiction-forming or addiction-sustaining liability other than in the course of
legitimate professional practice, Miss. Code Ann. §
73-9-61
(Supp. 1983) provides for revocation or suspension of a license or a monetary
penalty.
The responsibility for regulating the legitimate drug
traffic among dentists has been placed upon the Mississippi Board of Dental
Examiners by Miss. Code Ann. §
41-29-159
(Supp. 1990); and, in order to fulfill this duty, the Board must adopt rules
and regulations providing for the reasonable regulation of drug prescriptions,
dispensing, and inventories by dentists.
2. Construction and Purpose:
The abuse of drugs, which is a problem in every aspect of
our lives in today's world, has also made its impact in the dental profession.
The Board is cognizant of the increase in prescriptions, dispensation, and
administration of narcotic drugs outside the course of legitimate professional
practice.
The Board feels the burden of providing for the health,
safety, and welfare of the public. The Board also recognizes that it is legally
responsible for the regulation of the legitimate drug traffic among dentists.
To carry out this duty, the Board is compelled to impose reasonable
restrictions regarding the prescriptions, dispensing, and physical handling of
controlled substances.
3.
Definitions:
A. Controlled Substances.
Controlled substances shall be the controlled substances in Schedule I, II,
III, IV and V which are found at Mississippi Code Annotated Sections
41-29-113,
41-29-115,
41-29-117,
41-29-119,
and
41-29-121,
respectively. The definition of controlled substances shall include any
amendments hereafter made to these sections.
B. Dispensing Record. A dispensing record
shall be a bound volume or volumes containing only the information required in
Part 4., Section B. of this Regulation.
C.
Mississippi Prescription
Monitoring Program. This is the program established and maintained by
the Mississippi Board of Pharmacy for the purpose of monitoring the prescribing
and appropriate use of certain controlled substances and specified drugs within
the State of Mississippi. The Mississippi Board of Pharmacy has been charged
with defining the scope, authority, and purpose of the Mississippi Prescription
Monitoring Program or its successor.
4. General Provisions:
Beginning December 1, 1991, every dentist licensed by the
Mississippi State Board of Dental Examiners shall be required to maintain an
accurate inventory and separate dispensing record of all controlled substances
dispensed in their offices. The inventory shall account for all controlled
substances obtained or received by the dentist's office or the dentist
regardless of whether the said controlled substances were purchased or obtained
at no cost.
A. The receipt of
inventory shall reflect in every case the following information:
1. the date of receipt of the controlled
substance;
2. the name and address
of the person or business from whom the controlled substance was received;
3. the name of the controlled
substance received;
4. the
strength of the controlled substance received;
5. the quantity of the controlled substance
received.
B. The
dispensing records shall contain the following information.
1. the name of the controlled substance
dispensed or administered;
2. the
date the controlled substance was dispensed or administered;
3. the method by which the controlled
substance was dispensed (i.e., administered in office or released to patient);
4. the strength of the controlled
substance dispensed or administered;
5. the quantity of the controlled substance
dispensed or administered;
6. the
name of the patient to whom the controlled substance was dispensed;
7. the address of the patient to whom the
controlled substance was dispensed;
8. the identity of staff member who dispensed
or administered the controlled substance to said patient.
C. Patient medication records shall include a
reference to the corresponding entry made in the dispensing records.
D. If breakage or wastage of a controlled
substance occurs, the amount of the wastage must be recorded and the disposal
of the wastage shall be witnessed by at least two (2) staff members.
E. The inventory and separate dispensing
record required by this rule shall be kept in the office of the dentist for a
period of five (5) years from the date the controlled substances are dispensed
and shall be made available for inspection by agents of the Mississippi State
Board of Dental Examiners or any law enforcement agency.
F. Failure to maintain and make available the
inventory and separate dispensing record required by this rule shall be
considered a failure to maintain effective control against diversion of
controlled substances into other than legitimate dental channels and shall
subject the Mississippi licensed dentist to disciplinary action.
G. Whenever any dentist desires or is
required to dispose of any controlled substances located in his office; he
shall do so in accordance with the procedure for the disposing of controlled
substances established by the United States Department of Justice, Drug
Enforcement Administration or pursuant to any rules or regulations promulgated
by that agency.
5.
General Provisions Regarding Schedule II Medications:
A. No Schedule II medications shall be
prescribed or dispensed for acute noncancer pain for more than seven (7) days.
B. Prior to prescribing,
administering, or dispensing greater than a one (1) day supply of Schedule II
medications, every dentist licensed by the Mississippi State Board of Dental
Examiners shall be required to query the Mississippi Prescription Monitoring
Program, as heretofore defined, to determine the patient's current prescription
status.
C. The patient's treatment
record shall include a reference that the dentist conducted a query of the
Mississippi Prescription Monitoring Program prior to prescribing,
administering, or dispensing greater than a one (1) day supply of any Schedule
II medications.
D. Every licensed
dentist who prescribes, administers, or dispenses any controlled substance
within the State of Mississippi, or who proposes to engage in the prescribing,
administering, or dispensing of any controlled substance within the State of
Mississippi shall be required to complete the continuing education outlined in
Board Regulation 41 regarding the prescribing of opioids.
E. During the conduct of any investigation
undertaken by the Board, its staff, or its members, a query of the Mississippi
Prescription Monitoring Program shall be conducted to ensure compliance with
this Regulation.
F. Failure to
comply with the aforementioned requirements shall subject the Mississippi
licensed dentist to disciplinary action.
6. Registration with the Mississippi
Prescription Monitoring Program: Effective July 1, 2017, every dentist licensed
by the Mississippi State Board of Dental Examiners who prescribes, administers,
or dispenses any controlled substance within the State of Mississippi, or who
proposes to engage in the prescribing, administering, or dispensing of any
controlled substance within the State of Mississippi, must be registered with
the Mississippi Prescription Monitoring Program (PMP), such program as
heretofore defined. Once registered with the PMP, Mississippi licensed dentists
shall adhere to all guidelines, protocols, and restrictions adopted by the PMP.
Failure to do so shall subject the Mississippi licensed dentist to disciplinary
action.
