Tennessee § 53-10-302 - Part definitions.

§ 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 defined or listed in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4; “Database” means the controlled substance database created by § 53-10-304; “Department” means the department of health; “Director” means the director of the controlled substance database, who shall be a Tennessee licensed pharmacist designated by the commissioner, in consultation with the executive director of the board of pharmacy and with the committee, to administer, maintain, and direct the operation and function of the controlled substance database; “Dispense” means to physically deliver a controlled substance covered by this part to any person, institution, or entity with the intent that it be consumed away from the premises on which it is dispensed. “Dispense” does not include the act of writing a prescription by a practitioner to be filled at a pharmacy licensed by the board. For purposes of this part, physical delivery includes mailing controlled substances into this state; “Healthcare practitioner,” for the purposes of this part only, means: A person licensed, registered, or otherwise permitted to prescribe, distribute, or dispense a controlled substance in the course of professional practice; A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, or dispense, or administer a controlled substance in the course of professional practice; or A certified registered nurse anesthetist (CRNA) as described in § 63-7-103; “Healthcare practitioner delegate” means any person authorized to practice pursuant to title 63, and up to two (2) unlicensed persons per healthcare practitioner designated by the healthcare practitioner to act as agents of the healthcare practitioner, upon registering the delegates and providing any information required by the department. A healthcare practitioner shall have the ability to authorize a healthcare practitioner delegate to check the controlled substance database as stipulated in this part. The healthcare practitioner shall be responsible for actions taken by their healthcare practitioner delegates pursuant to this part; “Law enforcement personnel” means agents of the Tennessee bureau of investigation, agents of a judicial district drug task force, drug enforcement administration agents, and certified law enforcement officers certified pursuant to § 38-8-107, and certified law enforcement officers by other states; “Manufacturer” means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion, or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices; “Operations committee” means the operations committee created by this part to consult with and confirm or deny decisions made by the commissioner within the authority granted to the commissioner by this part; and “Wholesaler” or “wholesale distributor” means a person primarily engaged in the wholesale distribution of drugs or devices; provided, that “wholesaler” or “wholesale distributor” does not include licensed third-party logistics providers. For the purposes of this part, transfers and sales of drugs or devices from one (1) licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices. Acts 2016, ch. 1002, § 2. Compiler's Notes. Former part 3, §§ 53-10-301 — 53-10-312 (Acts 2002, ch. 840, § 1; 2004, ch. 673, §§ 24-27; 2005, ch. 474, § 7; 2007, ch. 498, §§ 1-3; 2007, ch. 518, §§ 1-4; 2008, ch. 914, § 1; Acts 2009, ch. 228, § 1; 2011, ch. 310, §§ 1-5; 2012, ch. 575, § 1; 2012, ch. 880, §§ 1-21; 2012, ch. 915, § 1; 2012, ch. 924, §§ 1-5; 2013, ch. 236, § 50; 2013, ch. 430, §§ 3, 5, 6, 15; 2014, ch. 622, §§ 1, 2; 2014, ch. 791, §§ 1-6; 2014, ch. 983, § 2; 2014, ch. 1011, §§ 1, 2), concerning the Tennessee Prescription Safety Act of 2012, was repealed and reenacted by Acts 2016, ch. 1002, §§ 1-12, effective April 27, 2016. Acts 2016, ch. 1002, § 16 provided that notwithstanding this act or the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any rule promulgated to implement the provisions of this act shall be provided to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate by the secretary of state, after approval by the attorney general and reporter, at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule. Effective Dates. Acts 2016, ch. 1002, § 17. April 27, 2016.