2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 1 - GENERAL PROVISIONS (§§ 63-1-NEW — 63-1-173) › Section 63-1-154 - Health care prescriber prohibited from dispensing an opioid or benzodiazepine - Exceptions - Disposition of undispensed inventory

(a)
Except as provided in §
63-1-313
, a health care prescriber licensed under this title may not dispense an opioid or benzodiazepine. This section shall not apply to:
(1)
The dispensing of complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug to the practitioner's own patients in the regular course of practice without the payment of a fee or remuneration of any kind;
(2)
The dispensing of opioids or benzodiazepines in the health care system of the department of correction;
(3)
The dispensing of opioids or benzodiazepines in connection with the performance of a surgical procedure performed at a licensed health care facility. The amount dispensed pursuant to this subdivision (a)(3) may not exceed a seven-day supply. This exception does not allow for the dispensing of an opioid or benzodiazepine more than seven (7) days after the performance of the surgical procedure;
(4)
The dispensing of opioids or benzodiazepines pursuant to an approved clinical trial. For purposes of this subsection (a), the term "approved clinical trial" means a clinical research study or clinical investigation that, in whole or in part, is state or federally funded or is conducted under an investigational new drug application that is reviewed by the United States food and drug administration;
(5)
The dispensing of an opioid drug in a nonresidential substitution-based treatment center for opiate addiction, as defined in §
68-11-1602
;
(6)
The dispensing of an opioid or benzodiazepine to a patient of a facility that is licensed by the board for licensing health care facilities pursuant to §
68-11-202
;
(7)
The dispensing of an opioid or benzodiazepine to a patient of a facility licensed under title 33;
(8)
The dispensing of an opioid or benzodiazepine by a physician practice that provides healthcare services that:
(A)
Dispenses opioids and benzodiazepines, as directed by the patient's prescription, in safety-sealed, prepackaged containers stamped with the manufacturer's national drug code (NDC) number;
(B)
Administers and records pill-counts for opioids or benzodiazepines in order to ensure patient compliance with the prescription;
(C)
Dispenses noncontrolled substances which amount to at least fifty percent (50%) of the prescriptions filled annually from the practice; and
(D)
Submits controlled substance dispensing information to the controlled substances monitoring database under the Tennessee Prescription Safety Act of 2016, compiled in title 53, chapter 10, part 3, according to the requirements of state law; or
(9)
The dispensing of an opioid or benzodiazepine by a veterinarian in the course of the veterinarian's practice.
(b)
Within ten (10) days after January 1, 2015, each medical practitioner licensed under this title, unless the practitioner meets one (1) of the exceptions listed in subsection (a), shall ensure that the undispensed inventory of opioids and benzodiazepines purchased under the prescriber's drug enforcement administration number for dispensing is:
(1)
Returned in compliance with this section to a licensed third party reverse distributor; or
(2)
Turned in to local law enforcement agencies and abandoned.
(c)
Wholesalers shall buy back the undispensed inventory of opioids and benzodiazepines, which are in the manufacturer's original packing, unopened, and in date, in accordance with the established policies of the wholesaler or the contractual terms between the wholesaler and the practitioner concerning returns.
Amended by 2016 Tenn. Acts, ch. 973, s 1, eff. 4/27/2016.
Added by 2014 Tenn. Acts, ch. 983,s 3, eff. 1/1/2015.