reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 1 - THIRD-PARTY PRESCRIPTION PROGRAM ACT (§§ 63-10-101 — 63-10-108) › Section 63-10-104 - Cancellation of program benefits

(a)
The administrator of a program shall notify all pharmacies enrolled in such program of any cancellation of the coverage of benefits of any group enrolled in such program at least thirty (30) days prior to the effective date of such cancellation. In those cases where the administrator of a program is not notified at least thirty (30) days prior to the effective date of such cancellation, the administrator shall notify all pharmacies enrolled in such program of the cancellation as soon as practicable after having received such notice.
(b)
All persons enrolled in a program shall be notified of its cancellation, and the administrator of such program shall make every reasonable effort to gain possession of any plan identification cards such persons may have been issued pursuant to such program.
(c)
Any person who utilizes a program identification card to obtain services from a pharmacy after having received notice of the cancellation of the person's benefits shall be liable to the program administrator of such program for all moneys paid by such program administrator for any services received pursuant to the illegal use of such identification card.
Acts 1981, ch. 104, § 5; T.C.A., § 63-1054; T.C.A. §
63-10-304
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 1 - THIRD-PARTY PRESCRIPTION PROGRAM ACT (§§ 63-10-101 — 63-10-108) › Section 63-10-105 - Cancellation of program benefits

(a)
No program administrator shall deny payment for services to any pharmacy that may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been cancelled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card.
(b)
No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for cause, such as incomplete or illegible information, and may then be resubmitted by the pharmacy to the program administrator after the appropriate corrections have been made.
(c)
No program administrator shall deny or withhold payment to any pharmacy for duplicate prescription refills or prescription refills that are dispensed early in relation to the prior day's supply dispensed, where such refills are for the purpose of replacing lost or destroyed medication or providing the patient with the quantity necessary for extended travel away from the community in which the patient resides or for any other bona fide reason that causes the patient to be without medication, when the discontinuation of the medicine would, in the pharmacist's professional judgment, place the patient at risk of harm.
Acts 1981, ch. 104, § 6; T.C.A., § 63-1055; Acts 1997 , ch. 172, § 1; T.C.A. §
63-10-305
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 1 - THIRD-PARTY PRESCRIPTION PROGRAM ACT (§§ 63-10-101 — 63-10-108) › Section 63-10-106 - Reimbursement rates

No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures that result in reimbursement rates for services rendered to persons covered by the plan that are less than the usual and customary rate charged by that vendor and paid by ordinary consumers for the same or similar services. This section does not apply to any agreements involving a pharmacy that is a member of an organized pharmacy network, such as a preferred provider organization (PPO) or a professional service administration organization (PSAO).
Acts 1981, ch. 104, § 7; T.C.A., § 63-1056; Acts 1993, ch. 388, § 1; T.C.A. 63-10-306.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 1 - THIRD-PARTY PRESCRIPTION PROGRAM ACT (§§ 63-10-101 — 63-10-108) › Section 63-10-107 - Applicability

This part does not apply to any services rendered pursuant to the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1.
Acts 1981, ch. 104, § 9; T.C.A. § 63-1058; T.C.A. §
63-10-308
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 1 - THIRD-PARTY PRESCRIPTION PROGRAM ACT (§§ 63-10-101 — 63-10-108) › Section 63-10-108 - Price level determinations

(a)
The commissioner of health, in cooperation with the board of pharmacy, shall determine the price level of prescriptions furnished under this part and those furnished otherwise. A determination shall also be made of the price level in other states having a program similar to that provided in this part and those that do not.
(b)
The commissioner shall prepare a comparison of the price level determinations required by this section no later than January 31 of each year and shall furnish copies of such comparison to committees of the general assembly.
Acts 1981, ch. 104, § 10; T.C.A. § 63-1059; T.C.A. §
63-10-309
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-NEW - [Newly enacted section not yet numbered]

(a)
Notwithstanding another law to the contrary, a pharmacy or other authorized dispensing person or entity of prescription drugs is encouraged, after a request to fill or renew a prescription drug and prior to the point of sale for such prescription drug, to make reasonable efforts to contact and notify the human patient representative or the person for whom the prescription drug is being filled of the lowest available cost of the prescription drug, including a generic alternative, under a prescription discount or rebate plan, program, or card, or through a different manufacturer, compounder, or supplier, that is available to the person for whom the prescription is being filled through the pharmacy or dispensing person or entity.
(b)
If the human patient representative or the person for whom the prescription drug is being filled changes the prescription drug purchase as a result of the notification provided pursuant to subsection (a), then such representative or person must be advised of the effects of purchases made outside of an insurance plan on the deductible status of such plan.
(c)
Notwithstanding a law to the contrary, a pharmacy or other authorized dispensing person or entity of prescription drugs is immune from civil liability for damages as a result of any act or omission made pursuant to this section.
Added by 2024 Tenn. Acts, ch. 854,s 1, eff. 5/1/2024.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-201 - Short title

Parts 2-5 of this chapter shall be known and may be cited as the "Tennessee Pharmacy Practice Act of 1996."
Acts 1996, ch. 651, § 19; T.C.A. §
63-10-401
; Acts 2007 , ch. 407, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-202 - Practice of pharmacy

The practice of pharmacy within the state is declared to be a professional practice affecting public health, safety and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy, as defined in §
63-10-204
, merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy.
Acts 1996, ch. 651, § 2; T.C.A. §
63-10-402
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-203 - Statement of purpose

(a)
The purpose of parts 2-5 of this chapter is to define and regulate the practice of pharmacy to protect the health, safety and welfare of the people of Tennessee.
(b)
The persons engaged in the practice of pharmacy shall be pharmacists, duly recognized by the state as necessary health care providers, and shall be entrusted through parts 4-6 of this chapter with a provision of care intended to enhance patients' wellness, prevent illness and optimize outcomes.
Acts 1996, ch. 651, § 3; T.C.A. §
63-10-403
; Acts 2007 , ch. 407, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-205 - Consultation on drugs by board to department of health

(a)
The board shall, at the request of the commissioner of health, provide consultation to the department of health regarding drugs to be issued by the department or by a local health clinic.
(b)
The department of health shall develop policies and protocols for inventory controls, accountability, repackaging, security, storage and issuance of drugs by state and local health departments. The commissioner shall appoint a state or regional pharmacist to oversee these activities.
(c)
The commissioner of health is authorized to promulgate rules and regulations to effectuate the purposes of this section.
Amended by 2014 Tenn. Acts, ch. 585, s 1, eff. 7/1/2014.
Acts 1996, ch. 651, § 5; T.C.A. §
63-10-405
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-206 - Sale of nonprescription drugs and devices

(a)
Any nonprescription drug or device can be sold in its original single package by any retail business unless such nonprescription drug or device is required by federal or state law to be dispensed or sold only by or under the supervision of a pharmacist.
(b)
Notwithstanding subsection (a) to the contrary, any insulin preparation shall be dispensed only by or under the supervision of a pharmacist. All insulin preparations must be properly stored in an area not accessible to the general public.
(c)
In order to comply with federal and state law requiring pharmacies to maintain patient profiles with a comprehensive list of medications and devices, pharmacists are authorized to execute prescription orders for nonprescription drugs and devices.
(d)
Nothing in this section shall be construed as exempting nonprescription drugs and devices dispensed on a prescription order executed by a pharmacist from application of the sales and use tax provisions of title 67, chapter 6.
Acts 1996, ch. 651, § 6; T.C.A. §
63-10-406
.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-207 - Dispensing of medication prior to authorization

(a)
Notwithstanding any provision of law to the contrary, a pharmacist may, in good faith, dispense to a patient without proper authorization the number of dosages of a prescription drug necessary to allow such patient to secure such authorization from such patient's prescriber, not to exceed a seventy-two-hour supply, if:
(1)
The patient offers satisfactory evidence to the pharmacist that the prescriber has placed the patient on a maintenance medication and that such patient is without valid refills or for some valid reason cannot obtain proper authorization; and
(2)
In the judgment of the pharmacist, the health, safety and welfare of the patient would otherwise be endangered.
(b)
This section shall not be construed to authorize dispensing of controlled substance medication without proper authorization.
(c)
If proper authorization cannot be obtained during the seventy-two-hour period, then the pharmacist may dispense the number of dosages necessary for one (1) additional consecutive seventy-two-hour period in accordance with the requirements of this section.
(d)
(1)
For the purpose of this subsection (d) only, "patient" means a patient from this state, or another state or territory, who was displaced by a disaster, as defined in §
58-2-101
, when the patient is present in this state.
(2)
A pharmacist in this state may, in good faith, dispense to a patient without proper authorization or a valid prescription the number of dosages of a prescription drug necessary to allow the patient to secure proper authorization or a valid prescription from the patient's prescriber.
(3)
The amount of a prescription drug dispensed under this subsection (d) shall not exceed a twenty-day supply.
(4)
Prescription information may be obtained from a prescription label, verbal medical order, verbal prescription order, or any other means determined to be legitimate in the professional judgment of the pharmacist.
Amended by 2018 Tenn. Acts, ch. 615, s 1, eff. 7/1/2018.
Acts 1996, ch. 651, § 7; T.C.A. § 63-10-407; Acts 2007 , ch. 407, § 4.
See Executive Order No. 36 (5/12/2020), which suspended the provisions of Tennessee Code Annotated, T.C.A. 63-10-207(a) and (c), to allow a pharmacist to dispense up to a 90-day supply of maintenance prescriptions without proper authorization to persons as is necessary to respond to and prevent the spread of COVID-19 in Tennessee.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-208 - Penalty for violation

Any violation of parts 2-5 of this chapter, unless otherwise specified by law, shall be classified as a Class C misdemeanor.
Acts 1996, ch. 651, § 12; T.C.A. § 63-10-408; Acts 2007 , ch. 407, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-209 - Distribution of drugs or drug samples by manufacturer's representative - Distribution of free samples

(a)
Nothing in this chapter shall prohibit the distribution of drugs or sample drugs by a manufacturer's representatives acting in the normal and customary performance of their duties.
(b)
Manufacturers or their agents may distribute free samples of prescription drugs or controlled substances to practitioners authorized by law to prescribe or dispense such drugs or to pharmacies of health care entities at the written request of a practitioner in accordance with federal law.
Acts 1996, ch. 651, § 21; T.C.A. § 63-10-409; Acts 2007 , ch. 407, § 5.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-210 - Registration fees for out-of-state pharmacies mailing into Tennessee

A pharmacy that dispenses and mails a prescription into Tennessee from another state shall first pay the licensure fee required of a Tennessee pharmacy in accordance with the fees established by the board under the authority of [former] §
63-10-308
[now §
63-10-312
]. The license fees for out-of-state pharmacies and pharmacists shall not exceed those charged to Tennessee pharmacies and pharmacists.
Acts 1996, ch. 970, § 1; T.C.A. § 63-10-410; Acts 2007 , ch. 407, § 6.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-211 - Consortia for bulk purchases authorized

It is not a violation of any state law relative to restraint of trade, antitrust or any provision of the licensing laws for pharmacists, pharmacies, wholesalers, distributors or manufacturers under §
63-10-306
for pharmacists, independently or through any pharmacist or pharmacy, to form a consortium for the purpose of making bulk purchases of drugs or other medical equipment and supplies for the purpose of resale in their pharmacies.
Acts 1997 , ch. 278, § 1; T.C.A. § 63-10-411.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-212 - Confidentiality of information entrusted to pharmacist

(a)
Notwithstanding any requirement of state law to the contrary, a pharmacist is immune from liability to any person for disclosing patient information to a person authorized by this title to prescribe drugs or devices or to communicate a prescription order where necessary to:
(1)
Fulfill the pharmacist's responsibility to carry out prospective drug use review under state law and 42 CFR Part 456 for the purpose of identifying and resolving actual or potential drug-related problems, including, for example, therapeutic duplication, drug-drug interactions, incorrect drug dosage, drug-disease contraindication, duration of drug treatment, or over-utilization or under-utilization and any other drug therapy problems outlined in
42 CFR § 456.705
;
(2)
Assist prescribers in obtaining a comprehensive drug history on a patient;
(3)
Prevent abuse or misuse of any drug or device and the diversion of controlled substances; or
(4)
Provide a medication therapy management program or a quality assurance program.
(b)
Disclosure of information pursuant to this section shall not constitute a waiver of any confidentiality or privilege that may be provided by law.
(c)
This section shall apply only to confidentiality or privilege and shall not apply to actions arising in negligence.
Acts 1999, ch. 371, § 1; T.C.A. § 63-10-412; Acts 2007 , ch. 407, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-213 - Legibility of prescriptions

(a)
No pharmacist may dispense medication pursuant to a handwritten, typed or computer-generated prescription order for a drug issued by a prescriber in this state, unless the prescription order is comprehensible to the pharmacist. Nothing in this section shall be construed to prohibit a pharmacist from dispensing medication pursuant to a verbal prescription order.
(b)
If a prescriber issues a prescription order, then it is the duty of the prescriber to issue a legible order. A pharmacist shall make a reasonable attempt to contact the prescriber to seek clarification of a prescription order that is not comprehensible to the pharmacist, in which case the pharmacist must not dispense medication until the pharmacist obtains clarification. A pharmacist shall not be liable to any person for any reasonable delay caused when a pharmacist has reasonably sought clarification of a prescription order.
(c)
Nothing in this section shall be construed to prevent a pharmacist from dispensing medication prior to authorization in accordance with §
63-10-207
.
Acts 2004, ch. 678, § 8; 2005, ch. 12, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-214 - Centralized prescription processing - Licensing - Rules

(a)
Each pharmacy participating in centralized prescription processing shall be licensed by the board of pharmacy.
(b)
The board shall promulgate rules relative to centralized prescription processing, including, but not limited to, the usage of common electronic files or a common database.
Acts 2008 , ch. 966, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-215 - Transfer of prescriptions to another prescription form

(a)
Pharmacists, pharmacy interns and pharmacy technicians are authorized to comply with federal and state prescription requirements, including the requirement of a separate prescription for a Schedule II controlled substance found in §§
63-1-160
,
63-7-123(b)(3)(B)
, and
63-19-107(2)(E)(ii)
, by transferring from a prescription containing a Schedule II controlled substance any drug that is a nonscheduled prescription drug or any prescribed supply to another prescription form.
(b)
The transfer authorized in subsection (a) may be accomplished by scanning, photocopying or transcribing, by hand or other means, and shall include all information regarding each drug or supply being transferred.
(c)
The prescription generated in a pharmacy by the transfer process shall not be required to be on tamper-resistant prescription paper.
(d)
The prescription generated in a pharmacy utilizing the transfer process shall be recognized as a valid, legal prescription order and shall serve as the original prescription for recordkeeping and other purposes.
Amended by 2018 Tenn. Acts, ch. 883, s 11, eff. 1/1/2019.
Acts 2011 , ch. 201, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-216 - Compounding pharmacies

(a)
(1)
Prior to initial licensure in this state as a compounding pharmacy, a pharmacy located outside of this state must have an inspection by the regulatory or licensing agency of the state in which the pharmacy practice site is physically located. Out-of-state pharmacy practice sites must provide to the board a copy of the most recent inspection by the regulatory or licensing agency of the state in which the pharmacy practice site is physically located, or an equivalent inspection accepted by the board, that must have been within the previous twelve (12) months.
(2)
Prior to renewal of its license in this state, an out-of-state pharmacy practice site must provide to the board the most recent inspection by the regulatory or licensing agency of the state in which the pharmacy practice site is physically located, or an equivalent inspection accepted by the board, that must have been within the previous twelve (12) months.
(3)
The board may require additional information before issuing or renewing a pharmacy license to ensure compliance with applicable laws of this state and rules of the board.
(b)
A compounding pharmacy that has an active license issued by the board shall notify the board within fourteen (14) business days of receipt of an order or decision by a regulatory or licensing agency, other than the board, imposing a disciplinary action, including a warning, on the pharmacy.
(c)
A pharmacy engaged in compounding must comply with relevant United States Pharmacopeia (USP) guidelines as adopted by the board by rule.
(d)
A pharmacy that engages in sterile compounding, except hospital pharmacies compounding for inpatients of a hospital, shall, upon request, make available to the board the quantity of sterile compounded products dispensed in a defined time period in accordance with rules promulgated by the board. However, the executive director of the board may request this information from a hospital pharmacy for cause and the hospital pharmacy shall respond in a timely manner as defined by the executive director of the board.
Amended by 2021 Tenn. Acts, ch. 149, s 1, eff. 4/13/2021.
Added by 2013 Tenn. Acts, ch. 266, s 3, eff. 4/25/2013.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-218 - Professional judgment in dispensing of varying quantities of medication not to exceed ninety-day supply - Exclusion of controlled substances

(a)
Unless the prescriber has specified on the prescription that dispensing a prescription for a maintenance medication in an initial amount followed by periodic refills is medically necessary, a pharmacist may exercise professional judgment to dispense varying quantities of medication per fill up to the total number of dosage units as authorized by the prescriber on the original prescription including any refills, so long as the units dispensed do not exceed a ninety-day supply.
(b)
This section does not apply to controlled substances or to any medications for which a report to the controlled substance database is required pursuant to §
53-10-305
.
Added by 2016 Tenn. Acts, ch. 656, s 1, eff. 3/29/2016.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-220 - Facilities engaging in distribution of dialysate and devices for home use

(a)
This chapter does not apply to a facility to the extent the facility engages in the distribution of dialysate or devices necessary to perform home peritoneal kidney dialysis to patients with end stage renal disease if:
(1)
The dialysate are comprised of dextrose or icodextrin, and the dialysate and devices are approved or cleared by the federal food and drug administration, as required by federal law;
(2)
The dialysate and devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or third-party logistics provider;
(3)
The dialysate and devices are held and delivered in their original, sealed packaging from the facility;
(4)
The dialysate and devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt and review of a physician's prescription by a pharmacist licensed in this state before dispensing; and
(5)
The manufacturer or manufacturer's agent delivers the dialysate and devices directly to:
(A)
Patients with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or
(B)
Healthcare providers or institutions for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
(b)
Records of all sales and distribution of dialysate and devices made pursuant to this section must be retained and made readily available for inspection and copying by the board of pharmacy for two (2) years from the date of distribution.
(c)
The board of pharmacy retains oversight of all drugs for peritoneal dialysis except dialysate.
Added by 2017 Tenn. Acts, ch. 89, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-221 - Medication therapy management - Standards

Medication therapy management provided under this chapter as part of the practice of pharmacy shall meet the standards for medication therapy management established by rule by the board of pharmacy.
Added by 2017 Tenn. Acts, ch. 363, s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-222 - Medication therapy management pilot program - Reporting of costs and patient outcomes

The bureau of TennCare is directed to report to the senate health and welfare committee and the health committee of the house of representatives regarding program costs and patient outcomes related to incorporating the pharmacist-provided medication therapy management pilot program on or before April 15 of each year the pilot program is supported.
Amended by 2021 Tenn. Acts, ch. 64, s 118, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 129, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 363, s 3, eff. 7/1/2017.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-223 - Agreement limiting ability of pharmacist to discuss issue related to dispensing of controlled substance with patient void and unenforceable

(a)
The general assembly finds that patient access to information about controlled substances is crucial to combating the deadly opioid epidemic in this state and that any obstacle to patients' receiving information about controlled substances is a serious threat to public health.
(b)
Any agreement purporting to limit the ability of a pharmacist to discuss any issue related to the dispensing of a controlled substance with a patient is contrary to the public policy of this state and is void and unenforceable. This includes, but is not limited to, information about the risks, effects, and characteristics of the controlled substance; what to expect when taking the controlled substance and how the controlled substance should be used; reasonable alternatives to the prescribed controlled substance; and any applicable cost sharing for a controlled substance or any amount an individual would pay for a controlled substance if that individual were paying cash.
Acts 2018 , ch. 1039, § 7.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 2 - PHARMACY PRACTICE (§§ 63-10-NEW — 63-10-224) › Section 63-10-224 - Provision of ivermectin by pharmacists

(a)
A pharmacist, in good faith, may provide ivermectin to a patient who is eighteen (18) years of age or older pursuant to a valid collaborative pharmacy practice agreement containing a non-patient-specific prescriptive order and standardized procedures developed and executed by one (1) or more authorized prescribers.
(b)
The pharmacist shall maintain the collaborative pharmacy practice agreement in accordance with §
63-10-217
.
(c)
The board of pharmacy shall adopt rules to establish standard procedures for the provision of ivermectin by pharmacists, including:
(1)
Providing the patient with a screening risk assessment tool;
(2)
Providing the patient with a standardized factsheet that includes, but is not limited to, the indications and contraindications for use of ivermectin, the appropriate method for using ivermectin, the importance of medical follow-up, and other information deemed appropriate by the board; and
(3)
Either dispensing the ivermectin or referring the patient to a pharmacy that may dispense the medication as soon as practical.
(d)
A pharmacist, pharmacist's employer, or pharmacist's agent may charge an administrative fee for services provided pursuant to this section in addition to costs associated with the dispensing of ivermectin and paid by the pharmacy benefit.
(e)
A pharmacist or prescriber acting in good faith and with reasonable care involved in the provision of ivermectin pursuant to this section is immune from disciplinary or adverse administrative actions under this title for acts or omissions during the provision of ivermectin.
(f)
A pharmacist or prescriber involved in the provision of ivermectin pursuant to this section is immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this section.
Acts 2022 , ch. 908, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-301 - Designation

(a)
There is created a board of pharmacy, referred to herein as the "board," to be administratively attached to and receive administrative support from the division of health related boards within the department of health.
(b)
The responsibility for enforcement of the provisions of parts 2-7 of this chapter and all laws that pertain to the practice of pharmacy is vested in the board.
(c)
The board has all of the duties, powers, responsibilities, and authority necessary for the enforcement of parts 2-7 of this chapter, as well as other duties, powers, and authority as it may be granted.
(d)
The board shall cooperate with state and federal agencies regarding any violations of a pharmacy drug or drug-related law.
(e)
If a state of emergency is declared that involves the board under this part, then the board may waive the requirements of this chapter to protect the public health, safety, or welfare of its citizens and to facilitate the provision of drugs, devices, and pharmacist care services to the public.
Amended by 2023 Tenn. Acts, ch. 457,s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 8; T.C.A. §
63-10-501
; Acts 2007 , ch. 407, §§ 2, 8; 2012 , ch. 575, § 2; 2012 , ch. 932, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-302 - Membership

(a)
The board consists of nine (9) members to be appointed by the governor as follows:
(1)
One (1) consumer member;
(2)
One (1) registered pharmacy technician; and
(3)
Seven (7) pharmacists who possess the qualifications specified in §
63-10-303
.
(b)
The six (6) pharmacist members serving on the board on June 30, 2023, shall serve as members on July 1, 2023, through to the end of the members' existing six-year terms; provided, that the members are qualified to serve pursuant to §
63-10-303
if reappointed to the board after July 1, 2023.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 9; T.C.A. §
63-10-502
; Acts 2012 , ch. 720, § 3.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-303 - Qualifications

(a)
Each pharmacist member of the board appointed on or after July 1, 2023, must, at the time of their appointment:
(1)
Have been a resident of this state for no less than five (5) years;
(2)
Must be a graduate of a recognized school or college of pharmacy;
(3)
Be licensed and in good standing to engage in the practice of pharmacy in this state;
(4)
Be actively engaged in the practice of pharmacy, as defined in §
63-10-204
, in this state; and
(5)
Have at least five (5) consecutive years of experience in the practice of pharmacy providing patient care services after licensure.
(b)
Each registered pharmacy technician member of the board must, at the time of their appointment:
(1)
Have been a resident of this state for not less than five (5) years;
(2)
Be currently licensed and in good standing as a registered pharmacy technician in this state;
(3)
Be actively practicing as a registered pharmacy technician in this state;
(4)
Be a certified pharmacy technician as defined by board rules; and
(5)
Have at least five (5) consecutive years of experience as a pharmacy technician after registration.
(c)
(1)
Each consumer member of the board must, at the time of their appointment:
(A)
Be a current resident of this state for at least five (5) years; and
(B)
Not be a licensed healthcare professional.
(2)
The consumer member must not own or have a financial or other interest in any healthcare facility or healthcare business during the consumer's term on the board.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 953, s 1, eff. 4/29/2022.
Acts 1996, ch. 651, § 10; T.C.A. §
63-10-503
; Acts 2007 , ch. 407, § 9.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-304 - Appointment

(a)
Interested pharmacist groups, including, but not limited to, the Tennessee Pharmacists Association, may annually recommend five (5) duly qualified persons for each vacancy from whom the governor may be requested to make appointments. The governor shall consult with such groups to determine qualified persons to fill the positions. This subsection (a) does not apply to the consumer member serving on the board.
(b)
A member appointed to the board shall take an oath or affirmation that the member will faithfully and impartially perform their duties within ten (10) days after the member's appointment to the board. A member's oath or affirmation taken pursuant to this subsection (b) must be filed with the secretary of state.
(c)
In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, one (1) person serving on the board is a member of a racial minority, and the members on the board are representative of a variety of practice settings.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1010, s 1, eff. 5/9/2022.
Acts 1996, ch. 651, § 11; T.C.A. 63-10-504; Acts 2007 , ch. 407, §§ 2, 10-14; 2008 , ch. 1072, § 1; 2009 , ch. 29, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-305 - Terms of office and removal

(a)
Board members shall serve seven-year terms or until their successors have been qualified. A member of the board is not eligible for reappointment; provided, however, that a member may be reappointed for one (1) full term if the member is appointed to fill a vacancy for which occurred prior to the expiration of a former member's term.
(b)
The terms of the members of the board are staggered so that the terms of no more than three (3) members expire in one (1) year.
(c)
A member of the board who is found to have committed misconduct may be removed by the governor upon the recommendation of the remaining members. As used in this subsection (c), "misconduct" means:
(1)
The refusal or inability of a board member to perform their duties as a member of the board due to inefficiency, irresponsibility, and unprofessional manner;
(2)
The misuse of office by a member of the board to obtain personal, pecuniary, or material gain or advantage for their self or another through the office; or
(3)
The violation of a law pertaining to the practice of pharmacy or the distribution of drugs and devices.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 13; T.C.A. §
63-10-505
; Acts 2007 , ch. 407, §§ 2, 15, 16.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-306 - Organization

(a)
The pharmacist members of the board shall annually appoint a president and a vice president.
(b)
The president of the board, and the vice president in the president's absence, shall preside at all meetings of the board and is responsible for the performance of all duties and functions of the board under this part.
(c)
The board president may, if deemed necessary, split the board into panels of three (3) or more to conduct contested case hearings regarding disciplinary matters. A quorum of at least three (3) panel members is required at such hearings.
(d)
The board shall meet at least annually and at such other times as it deems necessary to perform its duties under this chapter. A majority of the members of the board constitutes a quorum for the conduct of board meetings and, except where a different number is required by this part or by any board rule, all actions of the board must be by a majority of a quorum.
(e)
The members of the board receive a per diem of one hundred dollars ($100) for each day the member is engaged in performance of the official duties of the board, and must be reimbursed for all reasonable and necessary expenses incurred in connection with the discharge of such official duties. All reimbursement for travel expenses are in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2023 Tenn. Acts, ch. 457,s 1, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 268, s 1, eff. 5/4/2017.
Amended by 2015 Tenn. Acts, ch. 293, s 5, eff. 4/24/2015.
Amended by 2014 Tenn. Acts, ch. 949,s 9, eff. 7/1/2014.
Acts 1996, ch. 651, § 14; T.C.A. §
63-10-506
; Acts 2007 , ch. 407, §§ 2, 17, 18.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-307 - Executive director

(a)
The board shall consult with the division of health related boards in the department of health in appointing a person to serve as executive director of the board; however, the board is not bound by any recommendation of the division. The executive director must be licensed as a pharmacist in this state for at least five (5) consecutive years immediately preceding the appointment. Once appointed, the executive director shall operate under the supervision and control of the division of health related boards.
(b)
The board shall specify the executive director's duties, and the executive director is responsible for the performance of the administrative functions of the board, which may include, but are not limited to:
(1)
Recording and compiling the minutes of the board;
(2)
Supervising employees assigned by the division of health related boards to support the board;
(3)
Performing studies and research as the board or division directs;
(4)
Representing the board at functions as authorized by the board and the division; and
(5)
Serving as a consultant to the division in its enforcement duties on behalf of the board.
(c)
The board may dismiss the executive director without consulting with the division.
Amended by 2024 Tenn. Acts, ch. 606,s 1, eff. 3/27/2024.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 15; T.C.A. §
63-10-507
; Acts 2007 , ch. 407, § 19.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-309 - Power of board to suspend, revoke, or refuse to issue licenses - Civil penalties

The board may deny, restrict, or condition any application for licensure; revoke or suspend any license or certification previously issued; or discipline and assess civil penalties against an applicant, licensee, or holder of a certificate upon a finding that the applicant, licensee, or holder of a certificate has:
(1)
Been convicted of a criminal offense, including, but not limited to, violating a law of this state or of the United States relating to drugs or to the practice of pharmacy;
(2)
Been addicted to the use of alcohol, narcotics, or other drugs;
(3)
Engaged in conduct that is prohibited or unlawful under parts 2-7 of this chapter, or another state or federal law relating to drugs or to the practice of pharmacy;
(4)
Exhibited an incapacity of a nature that prevents a pharmacist from engaging in the practice of pharmacy with reasonable skill, confidence, and safety to the public;
(5)
Been guilty of dishonorable, immoral, unethical, or unprofessional conduct;
(6)
Had the license to practice pharmacy suspended or revoked by another state for disciplinary reasons; or
(7)
Failed to comply with a lawful order or duly promulgated rule of the board.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 1996, ch. 651, § 17; T.C.A. § 63-10-509; Acts 2007 , ch. 407, § 2.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-311 - Inspection of sites - Physicians regulated by board of medical examiners

(a)
The board or its designated agents are authorized to regulate the practice of pharmacy and to inspect any site or professional pharmacy practice, other than storage sites utilized by manufacturer's representatives, where drugs, medicines, chemicals, pharmaceuticals, or poisons are manufactured, stored, sold, dispensed, distributed, or administered.
(b)
The authority over drug dispensing in the office of a physician licensed to practice under chapter 6 of this title is vested in the board of medical examiners.
Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
Acts 2018 , ch. 1029, § 1.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-312 - Administrative fees

(a)
The board may promulgate rules to establish licensure fees necessary to carry out parts 2-7 of this chapter.
(b)
All monies received by the board must be deposited and dispensed pursuant to §
63-1-137
.
Added by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-313 - Administrative procedure

All matters and procedures regarding the hearing and judicial review of a contested case arising under parts 2-7 of this chapter are governed under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-314 - Promulgation of rules regarding oversight of facilities that manufacture, warehouse, and distribute medical devices

(a)
The board shall promulgate rules regarding the board's oversight of facilities that manufacture, warehouse, and distribute medical devices. The rules promulgated under this subsection (a) must include the formation of an advisory committee, in accordance with §
4-5-205
, composed of medical device industry representatives and a representative of the department of economic and community development.
(b)
The rules promulgated pursuant to this section must be reviewed by the advisory committee every three (3) years to review the advancements of new medical device technologies.
(c)
The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 10 - PHARMACY (§§ 63-10-101 — 63-10-706) › Part 3 - BOARD OF PHARMACY (§§ 63-10-301 — 63-10-315) › Section 63-10-315 - Promulgation of rules

All rules to effectuate this part must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 457,s 1, eff. 7/1/2023.