Tennessee § 53-10-401 - Tamper-proof prescriptions.

§ 53-10-401. Tamper-proof prescriptions.

All prescriptions written or printed by practitioners authorized to write prescriptions in this state shall be written on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid services guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. A pharmacist shall not fill a written prescription from a Tennessee practitioner unless issued in compliance with tamper-resistant prescription requirements as described in subsection (a), except that a pharmacist may provide emergency supplies in accordance with TennCare or other insurance contract requirements. Nothing in this section shall be construed to impact regulations regarding verbal, facsimile, electronic, or out-of-state prescription practices. All existing statutory requirements regarding prescriber-specific information to be included on prescriptions shall also apply to tamper-resistant prescriptions. Unique serial numbers may be included on tamper-resistant prescriptions for purposes of enhancing efforts to track and enforce any potential fraud. Inclusion of such numbers on the prescription shall not be construed as obligating prescribers or pharmacists to any additional tracking, monitoring or reporting requirements and prescribers and pharmacists shall bear no responsibility or liability with respect to the potential use of these unique serial numbers for enforcement purposes. Practitioners shall utilize reasonable safeguards to assure against theft or unauthorized use of any prescriptions. Manufacturers of tamper-resistant prescription paper shall have an annual industry-approved SAS 70 audit that shall be made available by the manufacturer upon request by the board of pharmacy. The board of pharmacy shall maintain a list of any manufacturers who fail to show proof of such audit. The list shall be made available to prescribers and pharmacists in this state in a manner deemed appropriate by the board of pharmacy. This section shall not apply to prescriptions written by veterinarians. This section shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor, or other person authorized to write prescriptions, writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. Acts 2008, ch. 1035, §§ 1, 9; 2013, ch. 74, § 1. Compiler's Notes. Acts 2008, ch. 1035, § 10 provided that the provisions of the act, which enacted this section, with respect to TennCare prescriptions shall take effect October 1, 2008, in compliance with federal requirements; and that the provisions of the act with respect to non-TennCare related prescriptions shall take effect July 1, 2009. Amendments. The 2013 amendment substituted “tamper-resistant prescriptions” for “tamper-resistant prescription paper” at the end of (a) and in the first sentence of (d); in (a), substituted “written on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that” for “written on tamper-resistant prescription paper that”; and substituted “issued in compliance with tamper-resistant prescription requirements as described in subsection (a), except” for “issued on tamper-resistant prescription paper, except” in the first sentence of (b). Effective Dates. Acts 2008, ch 1035, § 10. October 1, 2008, and July 1, 2009. Acts 2013, ch. 74, § 9. April 1, 2013. Attorney General Opinions. Prescriptions by nurse anesthetist, nurse midwife, or clinical nurse specialist; applicability of prescribing privileges to all categories of advanced practice nurse. OAG 10-22, 2010 Tenn. AG LEXIS 17 (3/1/10).