2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 10 - LEGEND DRUGS (§§ 53-10-101 — 53-10-401) › Part 3 - TENNESSEE PRESCRIPTION SAFETY ACT OF 2016 (§§ 53-10-301 — 53-10-312) › Section 53-10-302 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Board" means the board of pharmacy created by title 63, chapter 10, part 3;
(2)
"Commissioner" means the commissioner of health;
(3)
"Committee" means the controlled substance database committee created by §
53-10-303
;
(4)
"Controlled substances" means a drug, substance, or immediate precursor in Schedules I through VI defined or listed in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4;
(5)
"Database" means the controlled substance database created by §
53-10-304
;
(6)
"Department" means the department of health;
(7)
"Director" means the director of the controlled substance database, who shall be a Tennessee licensed pharmacist designated by the commissioner, in consultation with the executive director of the board of pharmacy and with the committee, to administer, maintain, and direct the operation and function of the controlled substance database;
(8)
"Dispense" means to physically deliver a controlled substance covered by this part to any person, institution, or entity with the intent that it be consumed away from the premises on which it is dispensed. "Dispense" does not include the act of writing a prescription by a practitioner to be filled at a pharmacy licensed by the board. For purposes of this part, physical delivery includes mailing controlled substances into this state;
(9)
"Healthcare practitioner," for the purposes of this part only, means:
(A)
A person licensed, registered, or otherwise permitted to prescribe, distribute, or dispense a controlled substance in the course of professional practice;
(B)
A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, or dispense, or administer a controlled substance in the course of professional practice;
(C)
A certified registered nurse anesthetist (CRNA) as described in §
63-7-103
; or
(D)
The state chief medical examiner, a county medical examiner, a deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner, or a deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner;
(10)
"Healthcare practitioner delegate" means any person designated by a healthcare practitioner to act as an agent of the healthcare practitioner, upon registering the person as a delegate and providing any information required by the department. A healthcare practitioner shall have the ability to authorize a healthcare practitioner delegate to check the controlled substance database as stipulated in this part. The healthcare practitioner shall be responsible for actions taken by their healthcare practitioner delegates pursuant to this part;
(11)
"Law enforcement personnel" means agents of the Tennessee bureau of investigation, agents of a judicial district drug task force, drug enforcement administration agents, and certified law enforcement officers certified pursuant to §
38-8-107
, and certified law enforcement officers by other states;
(12)
"Manufacturer" means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion, or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices;
(13)
"Operations committee" means the operations committee created by this part to consult with and confirm or deny decisions made by the commissioner within the authority granted to the commissioner by this part;
(14)
"Part 2 Program" has the same meaning as defined by
42 CFR § 2.11
; and
(15)
"Wholesaler" or "wholesale distributor" means a person primarily engaged in the wholesale distribution of drugs or devices; provided, that "wholesaler" or "wholesale distributor" does not include licensed third-party logistics providers. For the purposes of this part, transfers and sales of drugs or devices from one (1) licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices.
Amended by 2022 Tenn. Acts, ch. 825, s 1, eff. 4/14/2022.
Amended by 2021 Tenn. Acts, ch. 136, Secs.s1, s2 eff. 4/13/2021.
Acts 2002, ch. 840, § 1; 2007 , ch. 518, § 1; 2011 , ch. 310, § 1; 2012 , ch. 880, § 2; 2013 , ch. 430, §§ 3, 5.