reglab/statecodes huggingface dataset:
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 53-11-313 - Payment for buprenorphine products

(a)
Except as provided in subsection (b), a healthcare prescriber of a buprenorphine product for use in recovery or medication-assisted treatment, or a nonresidential office-based opiate treatment facility, as defined in §
33-2-402
, shall only accept a check, money order, or debit card or credit card that is linked to a bank or credit card account from a financial institution, in payment for services provided by the healthcare prescriber or facility. Use of prepaid debit cards, prepaid credit cards, gift cards, or any other card not linked with a bank or credit card account from a financial institution is prohibited. As used in this subsection (a), "financial institution" means a state or national bank, a state or federally chartered credit union, or a savings bank.
(b)
A healthcare prescriber or facility described in subsection (a) may accept payment for services provided to a patient by the prescriber or facility in cash for a co-pay, coinsurance, or deductible if the prescriber or facility submits the remainder of the bill for the services provided to the patient's insurance plan for reimbursement. If the patient does not have an insurance plan, then the healthcare prescriber or facility shall not accept cash as payment for services provided.
(c)
No healthcare provider, licensed by title 63, chapter 6, 7, 9, or 19, shall be compensated or receive payment for services related to buprenorphine treatment:
(1)
By which the provider receives an amount per patient that is treated within the office or other setting; or
(2)
By any means by which the provider receives a percentage of a payment that is directly received by a patient to the office, nonresidential office-based opiate treatment facility, as defined in §
33-2-402
, or other provider.
(d)
A healthcare provider licensed under title 63, or a nonresidential office-based opiate treatment facility, as defined in §
33-2-402
, shall not knowingly treat any TennCare enrollee with buprenorphine products for use in recovery or medication-assisted treatment unless that provider directly bills or seeks reimbursement from TennCare or TennCare's managed care organizations for services provided to the TennCare enrollee. A person is required to disclose to the healthcare provider or nonresidential office-based opiate treatment facility, as defined in §
33-2-402
, that the person is a TennCare enrollee seeking treatment with buprenorphine products for use in recovery or medication-assisted treatment.
Acts 2020, ch. 771, § 2.
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 53-11-314 - No private right of action

This chapter does not create a private right of action.
Added by 2022 Tenn. Acts, ch. 1061, s 2, eff. 7/1/2022.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-403 - Criminal penalty not exclusive

Any penalty imposed for a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
Acts 1971, ch. 163, § 30; T.C.A., § 52-1437; Acts 1996, ch. 675, § 57.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-405 - Enforcement officers

(a)
Any officer or authorized representative of the Tennessee bureau of investigation designated by the director of that bureau may:
(1)
Carry firearms in the performance of the individual's official duties;
(2)
Execute and serve search warrants, arrest warrants, subpoenas and summonses issued under the authority of this state;
(3)
Make arrests without warrant for any offense under part 3 of this chapter and this part, or title 39, chapter 17, part 4, committed in the individual's presence, or if the individual has probable cause to believe that the person to be arrested has committed or is committing a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4 that may constitute a felony;
(4)
Make seizures of property pursuant to part 3 of this chapter and this part, or title 39, chapter 17, part 4; or
(5)
Perform other law enforcement duties as the director of the bureau designates.
(b)
It is the duty of the principal, or of the comparable chief administrative officer designated by any other equivalent title, of any school, public, private, denominational or parochial, who has probable cause to believe that any person has committed, or is committing, any violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon the school grounds or within any buildings or structures embraced by such individual's administrative responsibility, to report the probable cause intelligence immediately to the sheriff of the county if the school is in an unincorporated area, or to the police chief or other equivalent law enforcement official if the school is located within an incorporated municipality.
Acts 1971, ch. 163, § 32; 1980, ch. 636, § 10; 1981, ch. 252, § 1; T.C.A., § 52-1439; Acts 1996, ch. 675, §§ 58, 60, 61.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-406 - Inspection

(a)
(1)
Prescriptions, orders and records, required by part 3 of this chapter and this part, or title 39, chapter 17, part 4, and stocks of controlled substances, shall be open for inspection only to federal, state, county and municipal officers whose duty it is to enforce the laws or regulations of this state or of the United States relating to controlled substances or narcotic drugs.
(2)
No officer having knowledge by virtue of the officer's office of the prescription, order or record shall divulge the knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer if the person to whom the prescriptions, orders or records relate is a party to the prosecution or proceeding.
(b)
An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data, unless the owner, operator or agent in charge of the controlled premises consents in writing.
Acts 1971, ch. 163, § 33; T.C.A., § 52-1440; Acts 1996, ch. 675, § 59.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-407 - Injunctions - Jury trial

(a)
The criminal and circuit courts of this state may exercise jurisdiction to restrain or enjoin violations of part 3 of this chapter and this part, or title 39, chapter 17, part 4.
(b)
The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
Acts 1971, ch. 163, § 34; T.C.A., § 52-1441; Acts 1996, ch. 675, § 62.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-408 - Bureau of investigation - Powers and duties

(a)
The Tennessee bureau of investigation shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and controlled substance analogues and in suppressing the abuse of controlled substances and controlled substance analogues. To this end, it may:
(1)
Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances and controlled substance analogues;
(2)
Coordinate and cooperate in training programs concerning controlled substance and controlled substance analogue law enforcement at local and state levels;
(3)
Cooperate with the United States drug enforcement administration by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance and controlled substance analogue law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and
(4)
Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances and controlled substance analogues may be extracted.
(b)
Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of part 3 of this chapter and this part, or title 39, chapter 17, part 4, including results of inspections conducted by it, may be relied and acted upon by the Tennessee bureau of investigation in the exercise of its regulatory functions under part 3 of this chapter and this part, or title 39, chapter 17, part 4.
(c)
A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Tennessee bureau of investigation, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential, except the commissioner of mental health and substance abuse services may require the disclosure of information to the department of mental health and substance abuse services concerning individuals being treated with controlled substances that is necessary to ensure compliance by a practitioner and the practitioner's patient or research subject with state or federal laws and regulations governing the use of controlled substances.
Acts 1971, ch. 163, § 35; 1973, ch. 295, § 22; impl. am. Acts 1975, ch. 248, § 2; 1980, ch. 636, § 11; T.C.A., § 52-1442; Acts 1996, ch. 675, § 63; 2000, ch. 947, § 6; 2010, ch. 1100, § 86; 2012, ch. 575, §§ 1, 2; 2012, ch. 848, § 46.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-410 - Evidence - Immunity from liability

(a)
It is not necessary for the state to negate any exemption or exception in part 3 of this chapter and this part, or title 39, chapter 17, part 4, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under part 3 of this chapter and this part, or title 39, chapter 17, part 4. The burden of proof of any exemption or exception is upon the person claiming it.
(b)
In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(c)
No liability is imposed by part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties.
Acts 1971, ch. 163, § 37; T.C.A., § 52-1444; Acts 1990, ch. 1030, § 38.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-411 - Administrative decisions - Judicial review

(a)
All final determinations, findings and conclusions of the department of safety, department of mental health and substance abuse services, department of health, or the board of pharmacy under part 3 of this chapter and this part, or title 39, chapter 17, part 4, are final and conclusive decisions of the matters involved.
(b)
Any person aggrieved by the decision may obtain review of the decision in the circuit court of Davidson County upon petition for writ of certiorari.
(c)
Findings of fact by the department of safety, department of mental health and substance abuse services, or department of health, or the board of pharmacy, if supported by substantial evidence, are conclusive.
Acts 1971, ch. 163, § 38; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 52-1445; Acts 2000, ch. 947, § 6; 2010, ch. 1100, §§ 87, 88; 2012, ch. 575, § 1.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-412 - Research, instruction or chemical analysis

No person shall manufacture, obtain, possess, administer or dispense any controlled substance or controlled substance analogue for the purpose of scientific research, instruction or chemical analysis except as provided in the Tennessee Legend Drug and Controlled Substance Research Act of 1984, compiled in chapter 14 of this title.
Acts 1971, ch. 163, § 39; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 52-1446; Acts 1984, ch. 717, § 15; 2012, ch. 848, § 47.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-413 - Prior actions and pending litigation

(a)
Prosecution for any violation of law occurring prior to July 1, 1971, is not affected or abated by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed]. If the offense being prosecuted is similar to one set out in [former] §§
39-6-417
- 39-6-419 [repealed], or in §§
53-11-401
- 53-11-403, then the penalties under former §§
39-6-417
- 39-6-419 [repealed], and under §§
53-11-401
and
53-11-402
apply if they are less than those under prior law.
(b)
Civil seizures or forfeitures and injunctive proceedings commenced prior to July 1, 1971, are not affected by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed].
(c)
All administrative proceedings pending under prior laws that are superseded by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed], shall be continued and brought to a final determination in accordance with the laws and rules in effect prior to July 1, 1971. Any substance controlled under prior law that is not listed within Schedules I through VI is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d)
The board of pharmacy shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to July 1, 1971, and who are registered or licensed by the state.
(e)
(1)
Part 3 of this chapter and this part, and former title 39, chapter 6, part 4 [repealed], apply to violations of law, seizures and forfeitures, injunctive proceedings, administrative proceedings and investigations that occur after July 1, 1971, and before November 1, 1989.
(2)
Part 3 of this chapter, this part and title 39, chapter 17, part 4 apply to violations of law, seizures and forfeitures, injunctive proceedings, administrative proceedings and investigations that occur on or after November 1, 1989.
Acts 1971, ch. 163, § 40; T.C.A., § 52-1447; Acts 1990, ch. 883, § 2.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-415 - Special revenue fund

(a)
Except as provided in subsection (b), the county or municipality shall account for those funds received under title 39, chapter 17, part 4 in a special revenue fund. Upon demand of the chief executive of the arresting law enforcement agency, the county or municipality shall pay to that agency the funds demanded for use in cash transactions related to undercover investigative drug enforcement operations. The amount of the funds demanded and the requirement to pay the funds are subject to the availability of funds and budgetary appropriations for that purpose.
(b)
In any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, the county trustee or city recorder shall set up a special account for those funds received under title 39, chapter 17, part 4. Upon demand of the chief executive of the arresting law enforcement agency, the county trustee or city recorder shall pay to that agency the demanded funds for use in the drug enforcement program. An accounting of all expenditures from the funds shall be made by the agency to the county trustee or city recorder.
Acts 1972, ch. 836, § 2; 1975, ch. 145, § 2; T.C.A., § 52-1450; Acts 1997, ch. 56, §§ 5, 7.
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 4 - CRIMINAL PENALTIES AND ENFORCEMENT (§§ 53-11-401 — 53-11-452) › Section 53-11-416 - Offense of prescription drug fraud

(a)
It is unlawful for any person knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of §
39-14-150
. A violation of this section shall be deemed the offense of prescription drug fraud.
(b)
Prescription drug fraud is a continuing offense because the offense may involve an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use may be elements of an offense of prescription drug fraud and continues to occur wherever the victim resides or is found.
(c)
For purposes of a violation of this section, "victim" includes, but is not limited to, the person whose personal identifying information, as defined in §
39-14-150(e)
, was acquired, obtained, possessed, bought, or used in violation of this section or sold, transferred, given, traded, loaned, delivered, or possessed in violation of this section. "Victim" also includes, but is not limited to, a physician, nurse practitioner, or other health care provider whose personal identifying information was unlawfully used.
(d)
Pursuant to §§
39-11-103
and
39-14-150(j)(2)
, if a victim of prescription drug fraud resides or is found in this state, an essential element of the offense is committed in this state, and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state.
(e)
Venue for the offense of prescription drug fraud shall be in any county where an essential element of the offense was committed, including, but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county.
(f)
The offense of prescription drug fraud shall be punished in the same manner as a violation of §
53-11-402
.
Added by 2013 Tenn. Acts, ch. 151,s 3, eff. 7/1/2013.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 13 - LIABILITY OF FREE FOOD DISTRIBUTORS (§§ 53-13-101 — 53-13-105) › Section 53-13-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Apparently wholesome deer meat" means deer meat that complies with applicable standards, requirements, and procedures established by the department of agriculture;
(2)
"Apparently wholesome food" means food that meets all standards of quality established by local, county, state and federal agricultural and health laws and regulations, even though the food is not readily marketable due to appearance; age; freshness, including bearing a past-due expiration date, sell-by date, use-by date, or other date; grade; size; surplus; or other condition. "Apparently wholesome food" does not include canned goods that are leaking, swollen, dented on a seam, or no longer airtight; and
(3)
"Gleaner" means a person who harvests for free distribution an agricultural crop that has been donated by the owner.
Amended by 2020 Tenn. Acts, ch. 592, Secs.s1, s2 eff. 3/20/2020.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1601; Acts 1989, ch. 476, § 1; 1992, ch. 862, § 2.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 13 - LIABILITY OF FREE FOOD DISTRIBUTORS (§§ 53-13-101 — 53-13-105) › Section 53-13-102 - Immunity of good-faith donor or gleaner from liability

(a)
(1)
The good-faith donor of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. This subdivision (a)(1) applies if the donor donates the food:
(A)
Directly to an individual for personal use; or
(B)
To a bona fide charitable or nonprofit organization for free distribution.
(2)
Any local education agency may donate any apparently wholesome food fit for human consumption to a county jail, directly to an individual for personal use, or to a bona fide charitable or nonprofit organization for free distribution, and shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the agency.
(3)
A gleaner of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the gleaner.
(b)
(1)
The good-faith donor of any apparently wholesome deer meat, fit for human consumption, directly to an individual for personal use, to a bona fide charitable or nonprofit organization for free distribution, or to an on-site feeding program, shall not be subject to civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor.
(2)
As used in subdivision (b)(1), "good-faith donor" means deer hunters, deer meat inspectors, and processing facilities acting in compliance with applicable standards, requirements, and procedures established by the department of agriculture.
(c)
A restaurant, convention center, or other food service establishment that serves food and is regulated pursuant to title 68, chapter 14, when acting as a good faith donor of any apparently wholesome food fit for human consumption, directly to an individual for personal use or to a bona fide charitable or nonprofit organization that operates a food bank or on-site feeding program, or both, for free distribution of food to combat poverty and hunger, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor.
Amended by 2020 Tenn. Acts, ch. 592, Secs.s 3, s 4, s 5, s 6 eff. 3/20/2020.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1602; Acts 1989, ch. 476, § 2; 1992, ch. 862, §3; 2004, ch. 742, §1; 2010 , ch. 886, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 13 - LIABILITY OF FREE FOOD DISTRIBUTORS (§§ 53-13-101 — 53-13-105) › Section 53-13-103 - Immunity of distributing organization from liability

(a)
A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome food, fit for human consumption, and distributes it, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.
(b)
(1)
A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome deer meat, fit for human consumption, and distributes or serves it, shall not be subject to civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization.
(2)
As used in subdivision (b)(1), "bona fide charitable or nonprofit organization" means an organization that operates a food bank or on-site feeding program to combat poverty and hunger and that acts in compliance with applicable standards, requirements, and procedures established by the department of agriculture.
Amended by 2020 Tenn. Acts, ch. 592, Secs.s7, s8 eff. 3/20/2020.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1603; Acts 1989, ch. 476, § 3; 1992, ch. 862, § 4.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 13 - LIABILITY OF FREE FOOD DISTRIBUTORS (§§ 53-13-101 — 53-13-105) › Section 53-13-104 - Regulation or prohibition of certain foods

Nothing in this chapter shall restrict the authority of any appropriate agency to regulate or ban the use of any apparently wholesome food for human consumption.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1604; Acts 1989, ch. 476, § 4.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 13 - LIABILITY OF FREE FOOD DISTRIBUTORS (§§ 53-13-101 — 53-13-105) › Section 53-13-105 - Compliance with Food, Drug and Cosmetic Act

The qualification of civil liability provided under this chapter shall apply only to food that meets the standards of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, or the regulations under that chapter, and shall not apply to food that was unfit for human consumption at the time of distribution.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1605.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Legend Drug and Controlled Substance Research Act of 1984."
Acts 1984, ch. 717, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-102 - Exemption from chapter

This chapter shall not apply to:
(1)
A licensed physician, dentist or veterinarian lawfully administering, dispensing or prescribing a legend drug or controlled substance in the course of the individual's professional practice to an ultimate user for a recognized medical purpose; or
(2)
A manufacturer or distributor whose research protocol has been approved by the federal food and drug administration under that agency's auspices, or otherwise subject to jurisdiction of the federal food and drug administration and if lawful under that jurisdiction.
Acts 1984, ch. 717, § 2.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of pharmacy created by §
63-10-301
;
(2)
"Commissioner" means the commissioner of health;
(3)
"Controlled substance analogues" is defined as in §
39-17-454
;
(4)
"Controlled substances" is defined as in §
39-17-402
;
(5)
"Director" means the director of the board of pharmacy elected pursuant to §
63-10-303
;
(6)
"Legend drugs" is defined as in §
53-10-101
; and
(7)
"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
Acts 1984, ch. 717, §3; 2012 , ch. 848, § 50.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-104 - License - Required - Application - Fees

(a)
No person shall manufacture, obtain, possess, administer or dispense a legend drug, controlled substance or controlled substance analogue for the purpose of scientific research, chemical analysis, instruction or training of detection animals without having first secured a license to do so from the director.
(b)
An application for the license shall be submitted on the prescribed form, and shall be accompanied by:
(1)
A nonrefundable fee of thirty dollars ($30.00), or in an amount set by the board;
(2)
Copies of all papers and materials filed with any state or federal governmental agency in connection with the applicant's proposed project; and
(3)
A detailed protocol, in triplicate, setting forth:
(A)
The nature of the proposed project;
(B)
The qualifications of the applicant to engage in the project;
(C)
The proposed quantity of each drug involved;
(D)
The measures proposed to provide for security and proper record-keeping of the drugs;
(E)
Specific provisions for the safe administration or dispensing of drugs to humans, if contemplated, and the proposed method for selecting the humans; and
(F)
Other information the commissioner may require.
Acts 1984, ch. 717, § 4; 1990, ch. 1026, §14; 2012 , ch. 848, § 51.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-105 - License - Issuance

(a)
Upon approval by the commissioner, the director shall issue a license authorizing the holder to manufacture, obtain, possess, dispense, or administer legend drugs, controlled substances or controlled substance analogues, or any combination thereof, for the purpose of scientific research, instruction or chemical analysis.
(b)
The commissioner shall not grant approval unless the commissioner determines that the applicant:
(1)
Has submitted a satisfactory protocol for the proposed project, except as provided in §
53-14-109
;
(2)
Is of good character;
(3)
Possesses, or is capable of acquiring, sufficient staff, facilities and equipment to conduct properly the proposed project;
(4)
Is able to maintain effective control against diversion of the drugs for which the license is sought; and
(5)
Is able to comply with all applicable state and federal laws and regulations relating to the drugs for which the license is sought.
Acts 1984, ch. 717, §5; 2012 , ch. 848, § 52.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-106 - License - Contents - Expiration - Nontransferable

(a)
All licenses issued pursuant to §
53-14-105
shall specify:
(1)
The name and address of the licensees;
(2)
The nature of the authorized project or projects;
(3)
The nature of legend drugs, controlled substances or controlled substance analogues to be used in the project; and
(4)
Whether dispensing to human subjects is permitted.
(b)
A license shall expire one (1) year from the date of issuance, or upon termination of the authorized project or projects, whichever comes first, and shall be renewable annually at a fee of thirty dollars ($30.00).
(c)
No license shall be transferable.
Acts 1984, ch. 717, §6; 2012 , ch. 848, § 53.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-107 - Modification of license

(a)
If any licensee under this chapter wishes to amend the terms or conditions of the licensee's license, the licensee shall make application to the director.
(b)
The application shall be accompanied by a nonrefundable fee of five dollars ($5.00), or other amount set by the board.
(c)
The director shall grant the requested amendment upon approval by the commissioner.
Acts 1984, ch. 717, § 7; 1990, ch. 1026, § 15.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-108 - Denial of application for license

(a)
If an application for a license or amendment under this chapter is denied, the director shall notify the applicant in writing of the reason or reasons for the denial.
(b)
The applicant may, within thirty (30) days of the date of the notification, submit responsive materials for consideration by the commissioner.
Acts 1984, ch. 717, § 8.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-109 - Institutional applicants for licenses

(a)
Any institution that regularly engages in research, instruction or chemical analysis may apply for a license authorizing internal approval of specific projects conducted under the institution's immediate auspices. The application shall be accompanied by the fee and materials specified in §
53-14-104
; provided, that in lieu of a detailed protocol, the institutional applicant may submit a written statement containing:
(1)
The qualifications of each member of the committee within the institution that will approve specific projects;
(2)
A description of the system within the institution for approving, supervising and evaluating the projects; and
(3)
Other information the commissioner may require.
(b)
Any institution licensed pursuant to subsection (a) shall maintain for review by the board:
(1)
A description of the project, including the names and qualifications of the individuals assigned to work on and supervise the project;
(2)
A description of the provisions for safe administration or dispensing of drugs to human subjects, if contemplated; and
(3)
Upon request of the commissioner, progress reports, evaluations and revisions, if any, of the project, in a form the commissioner prescribes.
Acts 1984, ch. 717, § 9.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-110 - Records and documents

All licensees under this chapter shall maintain in a readily retrievable manner for a period of two (2) years:
(1)
Records showing the receipt, administration, dispensing or destruction of all legend drugs, controlled substances and controlled substance analogues; and
(2)
Copies of any protocols, including revisions of the protocols, progress reports, evaluations and other project documents.
Acts 1984, ch. 717, §10; 2012 , ch. 848, § 54.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-111 - Inspections

(a)
The board, or its officers, agents or employees, shall periodically inspect the premises of licensees under this chapter for compliance with the submitted protocol, record-keeping and security requirements, and other state and federal laws or regulations relating to legend drugs, controlled substances and controlled substance analogues.
(b)
Any applicant for a license under this chapter shall be deemed to have consented to the inspections.
Acts 1984, ch. 717, §11; 2012 , ch. 848, § 55.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-112 - Suspension or revocation of license - Probation

The board may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, suspend or revoke any license issued pursuant to this chapter or place on probation any licensee, if the licensee is found to have:
(1)
Falsified any application, record, report or information required by this chapter;
(2)
Failed to comply with the protocol of a project;
(3)
Failed to maintain effective control against diversion of legend drugs, controlled substances or controlled substance analogues;
(4)
Willfully and unreasonably refused to permit an inspection authorized by this chapter;
(5)
Been convicted of an offense in any jurisdiction relating to legend drugs, controlled substances or controlled substance analogues; or
(6)
Willfully or negligently violated this chapter or any state or federal drug laws or regulations.
Acts 1984, ch. 717, §12; 2012 , ch. 848, § 56.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-113 - Restraining or enjoining violations - Jurisdiction

The board may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine a suit to restrain or enjoin. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
Acts 1984, ch. 717, § 13.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 14 - LEGEND DRUG AND CONTROLLED SUBSTANCE RESEARCH ACT OF 1984 (§§ 53-14-101 — 53-14-114) › Section 53-14-114 - Restricted access to information

Only the following persons shall have a right of access to the names and other identifying characteristics of individuals who are the subjects of research on the use and effects of legend drugs, controlled substances or controlled substance analogues:
(1)
The board;
(2)
The director;
(3)
The commissioner;
(4)
The attorney general and reporter or the attorney general and reporter's designee;
(5)
Any person directly connected with the research who has a legitimate need for the information; and
(6)
Any federal agency having responsibility for the research project.
Acts 1984, ch. 717, §14; 2012 , ch. 848, § 57.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 15 - HONEY (§§ 53-15-101 — 53-15-103) › Section 53-15-101 - Labeling

All sorghum molasses that is sold or offered for sale in this state shall be prominently labeled as being either one hundred percent (100%) pure sorghum molasses or not pure sorghum molasses. Only sorghum molasses that contains no additives shall be labeled as one hundred percent (100%) pure sorghum molasses.
Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014.
Acts 2011 , ch. 286, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 15 - HONEY (§§ 53-15-101 — 53-15-103) › Section 53-15-102 - Construction regarding testing

Nothing in this chapter shall be construed to require the department of agriculture to test, or cause to be tested, any sorghum molasses.
Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014.
Acts 2011 , ch. 286, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 15 - HONEY (§§ 53-15-101 — 53-15-103) › Section 53-15-103 - Cause of action for loss

(a)
(1)
Any person who suffers an injury or death, or an ascertainable loss of money or property, as a result of a violation of this chapter, may bring an action individually to recover actual damages.
(2)
The action may be brought in a court of competent jurisdiction in the county where the alleged violation took place or is taking place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(b)
(1)
The trial court may award reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees to a plaintiff who prevails in a proceeding that is brought pursuant to this chapter.
(2)
On termination of the proceeding, the trial court may require the plaintiff to pay any defendant's reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees, incurred in defending the proceeding if the court finds that the proceeding was commenced without reasonable cause.
Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014.
Acts 2011 , ch. 286, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 1 - DEPARTMENT OF TRANSPORTATION (§§ 54-1-101 — 54-1-602) › Part 1 - GENERAL PROVISIONS (§§ 54-1-101 — 54-1-136) › Section 54-1-101 - Duties of commissioner

(a)
The commissioner of transportation shall have charge of all records of the department of transportation, shall keep a book of records of all proceedings and orders pertaining to the business of the department, and shall keep on file copies of all plans, specifications, and estimates prepared by the department.
(b)
The commissioner shall:
(1)
Cause to be made and kept blueprints and maps showing a general highway plan of the state; the plan to consist of the main traveled roads that will, when improved, show and provide a connected system of improved highways throughout the state;
(2)
Collect information and statistics with reference to the mileage, character, and condition of highways and bridges in the counties;
(3)
Investigate and determine the method of road construction best adapted to the various sections; and
(4)
Establish standards for the construction and maintenance of highways in the counties, giving due regard to topography, natural conditions, availability of road material, prevailing traffic conditions, and ways and means of the counties to meet their portion of the cost of building and maintaining roads under this chapter and chapters 2 and 5 of this title.
(c)
The commissioner may at all times be consulted by the county and district officers having authority over highways and bridges and, in like manner, call on the county and district officials for information relative to highways and bridges within their county or district, in order to determine the character and have the general supervision of the construction, repair and maintenance of all roads improved under this chapter and chapters 2 and 5 of this title.
Acts 1919, ch. 149, § 6; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b6; Code 1932, § 3175; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-113; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 1 - DEPARTMENT OF TRANSPORTATION (§§ 54-1-101 — 54-1-602) › Part 1 - GENERAL PROVISIONS (§§ 54-1-101 — 54-1-136) › Section 54-1-102 - Status of highway projects - Reports to general assembly

(a)
The department shall furnish to each member of the general assembly on a quarterly basis, beginning March 1, 1970, a report on the status of highway projects in the county or counties that the member represents.
(b)
The report shall include, but not be limited to:
(1)
A list of road locations and times scheduled for construction within the county or counties;
(2)
A status report on the roads under construction, and their scheduled completion date, including notation of any delays or speedups and reasons for delays or speedups;
(3)
Any changes in previously announced plans for highways;
(4)
Any highway projects under consideration, which report will be furnished only upon request;
(5)
Notification of all public hearings on proposed highways; and
(6)
Any additional information that the department feels would be helpful to a member of the general assembly becoming better informed on the operation of the department in the area the member represents.
Acts 1970, ch. 485, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-130; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 1 - DEPARTMENT OF TRANSPORTATION (§§ 54-1-101 — 54-1-602) › Part 1 - GENERAL PROVISIONS (§§ 54-1-101 — 54-1-136) › Section 54-1-103 - Legislative findings and intent - Crash test labs

(a)
The general assembly finds that:
(1)
Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) requires the United States secretary of transportation to develop a process for third-party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination; and
(2)
In establishing such a process, the United States secretary of transportation shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee.
(b)
It is the intent of the general assembly that the state department of transportation shall keep abreast of the United States secretary of transportation's implementation of these testing measures and adopt them to the greatest extent feasible under state law, with the goal being that the state department of transportation will be in compliance with the requirements of the United States department of transportation as it relates to this testing as provided in Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58).
Added by 2022 Tenn. Acts, ch. 754, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 1 - DEPARTMENT OF TRANSPORTATION (§§ 54-1-101 — 54-1-602) › Part 1 - GENERAL PROVISIONS (§§ 54-1-101 — 54-1-136) › Section 54-1-104 - Report of findings regarding roads with elevated injuries to bicyclists and pedestrians - Identification of design factors - Dissemination of report

(a)
The department of transportation shall identify locations of state and local government roads in this state where injuries to bicyclists and pedestrians are elevated in comparison to the statewide average. On or before February 15, 2024, the department of transportation, in consultation with the department of safety, local law enforcement agencies, and highway safety offices shall submit a report of its findings and recommendations regarding the development of a strategic statewide plan to increase pedestrian safety to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate.
(b)
From pedestrian and bicycle-related traffic crash data or other data available to, or collected by, the department of transportation, the department of safety, or local law enforcement agencies and highway safety offices, the department of transportation's report must identify the areas in this state that are elevated in comparison to the statewide average and identify intersection design factors or other factors that may have an impact regarding pedestrian and bicycle-related traffic crashes.
(c)
The department shall send a copy of the report to each of the five (5) local governments with the highest number of pedestrian safety problems.
Added by 2023 Tenn. Acts, ch. 385, s 1, eff. 5/11/2023.