2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 11 - NARCOTIC DRUGS AND DRUG CONTROL (§§ 53-11-201 — 53-11-452) › Part 3 - REGULATIONS AND REGISTRATION (§§ 53-11-301 — 53-11-314) › Section 53-11-310 - Identification requirements for dispensing of certain Schedule II to IV prescription medications for greater than a seven-day supply

(a)
Prior to an authorized dispenser dispensing a prescription for any Schedule II-IV opioid, benzodiazepine, zolpidem, barbiturate, or carisoprodol medication for greater than a seven-day supply, a pharmacist, pharmacy technician, pharmacy intern, or any other person authorized to dispense controlled substances shall require the person taking possession of the dispensed prescription to present a valid government issued identification or public or private insurance card, unless the person is personally known to the pharmacist, pharmacy technician, pharmacy intern or any other person authorized to dispense controlled substances. The identification requirements described in subsection (a) shall apply to all authorized dispensers who dispense Schedule II-IV opioid, benzodiazepine, zolpidem, barbiturate, and carisoprodol medications for greater than a seven-day supply.
(b)
Should any person who is a minor or who is homeless seek to take possession of a dispensed prescription for a Schedule II-IV opioid, benzodiazepine, zolpidem, barbiturate, or carisoprodol medication not have a valid identification, the pharmacist, pharmacy technician, pharmacy intern or any other person authorized to dispense controlled substances shall use professional judgment in determining whether to dispense the prescription to the person.
(c)
Nothing in this section shall be construed to:
(1)
Require that the person taking possession of a Schedule II-IV opioid, benzodiazepine, zolpidem, barbiturate, or carisoprodol medication and the person for whom the prescription is written be the same person;
(2)
Apply to any controlled substance dispensed by a licensed veterinarian;
(3)
Apply to drug samples dispensed by a healthcare professional; or
(4)
Apply to prescriptions written for:
(A)
Inpatients in a hospital;
(B)
Outpatients of a hospital where the prescriber writes the order in the medical chart and the order is given directly to the hospital pharmacy and the patient does not have the opportunity to handle the written order;
(C)
Residents of a nursing home or an assisted living facility;
(D)
Inpatients or residents of a mental health hospital or residential facility licensed under title 33;
(E)
Inpatients or residents of any facility that is registered by the United States drug enforcement administration as a narcotic treatment program and is subject to the record keeping provisions of
21 CFR § 1304.24
;
(F)
Individuals incarcerated in a local, state or federal correctional facility;
(G)
Patients receiving prescriptions from mail order pharmacies; or
(H)
Patients receiving home deliveries from pharmacies.
(d)
A healthcare provider in violation of this section shall only be subject to a civil penalty assessed by the provider's licensing board. Section
53-11-401
shall not apply to penalties imposed under this section.
(e)
The board of pharmacy is authorized to promulgate rules to implement this section in accord with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2014 Tenn. Acts, ch. 872,s 1, eff. 7/1/2014.