§ 53-10-301. Short Title
This part shall be known and may be cited as the “Tennessee Prescription Safety Act of 2016”.
§ 53-10-302. Part Definitions
As used in this part, unless the context requires otherwise: “Board” means the board of pharmacy created by title 63, chapter 10, part 3; “Commissioner” means the commissioner of health; “Committee” means the controlled substance database committee created by § 53-10-303; “Controlled substances” means a drug, substance, or immediate precursor in Schedules I through VI […]
§ 53-10-303. Controlled Substance Database Committee. [Effective Until July 1, 2023. See Version Effective on July 1, 2023.]
There is created the controlled substance database committee. The committee members shall be: One (1) of the governor-appointed licensed members of each of the following healthcare professional licensure boards or committees to be chosen by the licensing board or committee: The board of medical examiners; The board of osteopathic examination; The board of dentistry; The […]
§ 53-10-303. Controlled Substance Database Committee. [Effective on July 1, 2023. See Version Effective Until July 1, 2023.]
There is created the controlled substance database committee. The committee members shall be: One (1) of the governor-appointed licensed members of each of the following healthcare professional licensure boards or committees to be chosen by the licensing board or committee: The board of medical examiners; The board of osteopathic examination; The board of dentistry; The […]
§ 53-10-304. Controlled Substance Database — Director — Administration — Requirements
There is created within the department a controlled substance database. The director of the controlled substance database shall be responsible for determining staffing in consultation with the executive director of the board of pharmacy. The director shall administer, maintain, and direct the functioning of the database in accordance with this part. The department in consultation […]
§ 53-10-305. Submission of Information — Data Format
All healthcare practitioners who prescribe or dispense controlled substances in practice providing direct care to patients in this state by prescribing or dispensing on more than fifteen (15) days in a calendar year total and are required to have a federal drug enforcement administration (DEA) registration pursuant to federal law shall be registered in the […]
§ 53-10-306. Confidentiality — Disclosure of Information — Penalties
Information sent to, contained in, and reported from the database in any format is confidential and not subject to title 10, chapter 7, regarding public records, and not subject to subpoena from any court and shall be made available only as provided for in § 53-10-308 and to the following persons in accordance with the […]
§ 53-10-307. Failure to Submit Information — Liability
The failure of a healthcare practitioner to submit information to the database required under this part after the committee or the commissioner has submitted a specific written request for the information, or when the committee or the commissioner determines the individual has a demonstrable pattern of failing to submit the information as required, is grounds […]
§ 53-10-204. Substitution Authorized — Instructions of Prescriber
The prescriber shall allow for substitution with a generic equivalent of a brand name drug or drug product under all circumstances, unless: The prescriber determines the medical necessity of a brand name drug or drug product due to: An adverse reaction previously experienced by the patient to a generic equivalent; A generic equivalent has previously […]
§ 53-10-205. Least Expensive Generic Equivalent if Authorized by Prescriber
When a pharmacist receives a written, verbal, electronic or facsimile prescription order, and the prescriber has not noted medical necessity of the brand name prescribed, as required in § 53-10-204, the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient’s drug plan, except as provided in […]