§ 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 […]
§ 53-10-206. Responsibility of Pharmacist
A pharmacist who selects a generic equivalent for substitution, pursuant to § 53-10-204, has the same responsibility for the selected drug as the pharmacist would in dispensing a prescription for the drug prescribed by the drug’s trade or brand name.
§ 53-10-207. Contents of Label
The manufacturer, packager, or distributor of any human use legend drug sold, delivered or offered for sale in the state must have printed on the label of the immediate container of the drug the name and address of the manufacturer, packager, or distributor of the finished dosage form of the drug. The pharmacist shall notify […]
§ 53-10-208. Source of Products Substituted — Fda Approval Required
In making substitutions as allowed by this part, the pharmacist may use drugs and drug products manufactured within the territorial limits of any one (1) of the states of the United States, or of any other country, if the products have been approved by the federal food and drug administration (FDA), and have been given […]
§ 53-10-209. Construction
Nothing in this part shall be construed as authorizing any person or entity to interfere with a prescriber’s obligation to exercise independent medical judgment in rendering health care services to patients. Nothing in this part shall be construed to interfere with or otherwise limit, constrain or alter the ability of any health plan or payor, […]
§ 53-10-113. Off-Label Drug Use
As used in this section, and unless the context otherwise requires: “Misbranding” means either the federal definition under 21 U.S.C. § 352 or drugs or devices that are misbranded under § 53-10-106; and “Off-label” means the use of a United States food and drug administration (FDA) approved drug, biological product, or device other than the […]
§ 53-10-201. Short Title
This part shall be known and may be cited as the “Tennessee Affordable Drug Act of 2005.”
§ 53-10-103. Enforcement — Rules and Regulations — Fines
The board of pharmacy has the power to enforce this part and shall make rules and regulations for its enforcement. All fines collected under the enforcement of this part shall be paid to the board and deposited to the state treasury as other funds received by the board.
§ 53-10-104. Selling, Bartering, Giving Away or Obtaining Legend Drugs
It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in § 53-10-101, except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to § 63-6-204 or § 63-9-113, who is rendering service under […]