§ 53-10-201. Short Title
This part shall be known and may be cited as the “Tennessee Affordable Drug Act of 2005.”
§ 53-10-202. Legislative Intent
The general assembly declares it to be the public policy that, in order to lower the cost of prescription drugs to its citizens, pharmacists may substitute less costly generic drugs or drug products for higher priced brand name or trade name drugs or drug products.
§ 53-10-203. Part Definitions
As used in this part, unless the context otherwise requires: “Biological product” has the same meaning as defined in 42 U.S.C. § 262(i); “Brand name” means the registered trademark name of a drug or drug product given by its manufacturer, labeler or distributor; “Finished dosage form” means that form of a drug that is, or […]
§ 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 […]
§ 53-10-106. Adulterated Drugs or Devices
Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited. Any drug or device […]
§ 53-10-107. Fines and Fees to Be Paid to Board of Pharmacy
All fines and fees received in the regulation and enforcement of this part shall be paid to the secretary-treasurer of the board of pharmacy.