Mississippi good-faith exam for med spas

Good-faith examination in Mississippi

THE SECTIONS CITED HERE GOVERN THE PRE-TREATMENT ENCOUNTER THROUGH THE MEDICAL BOARD’S TELEMEDICINE AND INTERNET-PRESCRIBING RULES AND THE NURSING BOARD’S PRESCRIBING RULE. A valid physician-patient relationship for telemedicine requires verifying the patient’s identity, an appropriate history and physical examination meeting the standard of care, a diagnosis established through accepted practices, a discussion of the diagnosis and treatment options to obtain informed consent, follow-up care, and a complete medical record. Providers using telemedicine must examine before diagnosing and treating, and the examination need not be in person if the technology gives the physician the same information as a face-to-face exam; a simple questionnaire without an appropriate exam violates the rule. The internet-prescribing rule says prescribing to a person the physician has never met, based solely on answers to a set of questions, fails an acceptable standard of care. An advanced practice registered nurse may not prescribe any medication without a good faith agreement subsequent to examination and medical indication. Telemedicine is the practice of medicine through HIPAA-compliant telecommunication systems capable of replicating an in-person encounter, and practicing it into Mississippi from out of state requires a Mississippi license. The pharmacy act defines the practice of pharmacy to include compounding and dispensing; that definition names no drug and says nothing about office stock.

• In order to practice any form of telemedicine, as defined in R.5.1 , a valid “physician patient relationship” must be established. The elements of this valid relationship are: A. verify that the person requesting the medical treatment is in fact who they claim to be; B. conducting an appropriate history and physical examination of the patient that meets the applicable standard of care; C. establishing a diagnosis through the use of accepted medical practices, i.e., a patient history, mental status exam, physical exam and appropriate diagnostic and laboratory testing; D. discussing with the patient the diagnosis, risks and benefits of various treatment options to obtain informed consent; E. insuring the availability of appropriate follow-up care; and F. maintaining a complete medical record available to patient and other treating health care providers.

  Miss. Admin. Code Title 30, Part 2635, Rule 5.4 · verified Sep 8, 2026

• Providers using telemedicine technologies to provide medical care to patients located in Mississippi must provide an appropriate examination prior to diagnosis and treatment of the patient. However, this exam need not be in person if the technology is sufficient to provide the same information to the physician as if the exam had been performed face to face. Store-and-Forward Transfer Technology may be used to enhance, but never replace, real-time provider-patient interaction. Provider-patient interaction may be audio-visual or audio only where medically appropriate. Other exams may be appropriate if a licensed health care provider is on site with the patient and is able to provide various physical findings that the physician needs to complete an adequate assessment. However, a simple questionnaire without an appropriate exam is in violation of this policy and may subject the physician to discipline by the Board.

  Miss. Admin. Code Title 30, Part 2635, Rule 5.5 · verified Sep 8, 2026

• Essential components of proper prescribing and legitimate medical practice require that the physician obtains a thorough medical history and conducts an appropriate physical and/or mental examination before prescribing any medication. Prescribing drugs to individuals that the physician has never met and based solely on answers to a set of questions, as is found in Internet or toll-free telephone prescribing fails to meet an acceptable standard of care and could constitute unprofessional conduct subject to disciplinary action.

  Miss. Admin. Code Title 30, Part 2635, Rule 7.1 (Internet Prescribing) · verified Sep 8, 2026

• No APRN shall prescribe any medication without a good faith agreement subsequent to examination and medical indication thereof.

  Miss. Admin. Code Title 30, Part 2840, Rule 1.5(B)(1) · verified Sep 8, 2026

• Except as hereinafter provided, no person shall engage in the practice of medicine across state lines (telemedicine) in this state, hold himself out as qualified to do the same, or use any title, word or abbreviation to indicate to or induce others to believe that he is duly licensed to practice medicine across state lines in this state unless he has first obtained a license to do so from the State Board of Medical Licensure and has met all educational and licensure requirements as determined by the State Board of Medical Licensure.

  Miss. Code Ann. § 73-25-34(2) · verified Sep 8, 2026

• Telemedicine is the practice of medicine by a licensed healthcare provider using HIPAA-compliant telecommunication systems, including information, electronic, and communication technologies, remote monitoring technologies and store-and-forward transfer technology. These technologies may be used to facilitate, but are not limited to, provider to patient or provider to provider interactions. The technology must be capable of replicating the interaction of a traditional in-person encounter between a provider and a patient. This definition does not include the practice of medicine through postal or courier services.

  Miss. Admin. Code Title 30, Part 2635, Rule 5.1(B) · verified Sep 8, 2026

• Mississippi’s pharmacy act defines the practice of pharmacy to include compounding and dispensing: it means a health care service that includes, but is not limited to, the compounding, dispensing, and labeling of drugs or devices; interpreting and evaluating prescriptions; administering and distributing drugs and devices;

  Miss. Code Ann. § 73-21-73(z) (“Practice of pharmacy”) · verified Sep 8, 2026

Recent Mississippi changes

• MS SB2544: Mississippi Active Pharmaceutical Ingredient Quality Assurance Act; enact to impose certain provisions for compounding.Feb 3, 2026
• MS HB1430: Prescription drugs; prohibit licensing boards from prohibiting practitioners from prescribing for off-label use.Feb 13, 2025