30 Miss. Code. R. 2640-1.2 - Definitions
For the purpose of Part 2640, Chapter 1 only, the following terms have the meanings indicated:
A.
Administer, Controlled
Substances, and Ultimate User
shall have the same meaning as set forth in Mississippi Code, Section
41-29-105, unless the context
otherwise requires.
B.
Board means the Mississippi State Board of
Medical Licensure.
C.
Physician means any person licensed to practice
medicine, osteopathic medicine or podiatric medicine in the state of
Mississippi.
D.
Physician Assistant means any person meeting the
requirements of licensure in the state of Mississippi as required by Part 2617,
Chapter 1.
E.
Licensee means any person licensed by this Board
who has prescriptive authority.
F.
Prescriptive Authority means the legal authority
of a professional licensed to practice medicine in the state of Mississippi to
prescribe, administer, or dispense legend drugs. Licensees holding or
possessing certain license types and training, such as Medical Doctors (MD) and
Doctors of Osteopathic Medicine (DO) for example, are conferred prescriptive
authority by virtue of their training and licensure by the board.
G.
Prescribe
means to designate or order by means of either a written or oral prescription
the delivery of a controlled substance or legend drug to an ultimate
user.
H.
Dispense means to deliver a controlled substance
or legend drug other than by administering or prescribing to an ultimate user
or research subject including the packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
I. For the purpose of enforcement of the
labeling requirements set forth in this chapter, Part 2640, Rule
1.7.B, Dispensing
Physician means any physician who dispenses to a patient for
the patient's use any controlled substance, legend drug or other medication
where such medication is purchased by the physician for resale to a patient
whether or not a separate charge is made. As stated in Part 2615, it is
understood that Physician Assistants may not dispense medications.
J.
Prescription
Drug or Legend Drug means a drug
required under federal law to be labeled with the following statement prior to
being dispensed or delivered; "Caution: Federal law prohibits dispensing
without prescription," or a drug which is required by any applicable federal or
state law or regulation to be dispensed on prescription only or is restricted
to use by licensees only.
K.
Pain Management Practice means a public or
privately-owned practice for which 50% or more of the patients are issued, on a
regular or recurring basis, a prescription for opioids, barbiturates,
benzodiazepines, carisoprodol, butalbital compounds, or tramadol for the
treatment of chronic non-cancerous/non-terminal pain. Included in this
definition is any practice that advertises and/or holds itself out to provide
pain management services. Patients who are treated for pain resulting from a
terminal illness do not count against the percentage stated herein.
L.
Inpatient
means a patient in a hospital, nursing home, long term care facility, inpatient
(not home-bound) hospice, or any other facility wherein medications are
dispensed to a patient by a third party who is duly licensed and/or certified
to dispense medications in a healthcare or related facility.
Notes
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