§ 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.”
§ 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 […]
§ 63-10-203. Statement of Purpose
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. 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 […]
§ 63-10-204. Definitions
As used in parts 2-5 of this chapter, unless the context otherwise requires: “Administer” means the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means; “Board” means the Tennessee board of pharmacy; “Certification” means a voluntary process by which a practitioner’s training, […]
§ 63-10-205. Consultation on Drugs by Board to Department of Health
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. The department of health shall develop policies and protocols for inventory controls, accountability, repackaging, security, storage and issuance of drugs by state and […]
§ 63-10-206. Sale of Nonprescription Drugs and Devices
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. Notwithstanding subsection (a) to the contrary, any insulin preparation shall be […]
§ 63-10-207. Dispensing of Medication Prior to Authorization
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: The patient offers satisfactory evidence to […]
§ 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.
§ 63-10-209. Distribution of Drugs or Drug Samples by Manufacturer’s Representative — Distribution of Free Samples
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. 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 […]
§ 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 § 63-10-308. The license fees for out-of-state pharmacies and pharmacists shall not exceed those charged to Tennessee pharmacies […]
§ 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 […]
§ 63-10-212. Confidentiality of Information Entrusted to Pharmacist
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: Fulfill the pharmacist’s responsibility to carry out prospective drug use review under […]
§ 63-10-213. Legibility of Prescriptions
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. If a […]
§ 63-10-214. Centralized Prescription Processing — Licensing — Rules
Each pharmacy participating in centralized prescription processing shall be licensed by the board of pharmacy. 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.
§ 63-10-215. Transfer of Prescriptions to Another Prescription Form
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 Il controlled substance any drug that is a nonscheduled prescription drug […]
§ 63-10-216. Compounding Pharmacies
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 a copy of the most recent inspection by the […]
§ 63-10-217. Collaborative Pharmacy Practice Agreements
A collaborative pharmacy practice agreement under this chapter shall be between one (1) or more pharmacists licensed in this state and an individual prescriber licensed in this state, or one (1) or more prescribers licensed in this state in an organized medical group, including but not limited to, staff of a licensed health care facility, […]
§ 63-10-218. Professional Judgment in Dispensing of Varying Quantities of Medication Not to Exceed Ninety-Day Supply — Exclusion of Controlled Substances
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 […]
§ 63-10-219. Provision of Hormonal Contraceptives
As used in this section, “hormonal contraceptive” means a self-administered drug, or a transdermal patch applied to the skin of a patient, by the patient or by a practitioner, that releases a drug composed of a combination of hormones that are approved by the United States food and drug administration to prevent pregnancy. Pursuant to […]
§ 63-10-220. Facilities Engaging in Distribution of Dialysate and Devices for Home Use
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: The dialysate are comprised of dextrose or icodextrin, and the dialysate and devices are approved or cleared by the […]