Tennessee § 53-10-104 - Selling, bartering, giving away or obtaining legend drugs.

§ 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 the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-123; a dentist; an optometrist authorized pursuant to § 63-8-102(12); or a veterinarian, and compounded or dispensed by a duly registered pharmacist. It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address. Under no circumstances shall a nurse practitioner who has met the additional requirements of § 63-7-207(14) to write and sign prescriptions or issue drugs, nor a physician assistant working under a physician's supervision, be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve the following: The writing or signing a prescription for any drug or medication; The dispensing or administration of any prescribed or legend drug or medication; or The performing of any procedure that involves the use of a legend drug or medication. Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1953, ch. 52, § 1; 1955, ch. 89, § 1; 1961, ch. 6, § 1; 1963, ch. 369, §§ 1, 4; 1971, ch. 163, § 43; 1980, ch. 851, § 8; 1980, ch. 858, § 1; T.C.A. (orig. ed.), § 52-1204; Acts 1987, ch. 217, § 3; 1994, ch. 569, § 4; 1994, ch. 722, § 3; 1994, ch. 853, §§ 1-3; 1996, ch. 754, § 1; 1997, ch. 507, § 1; 2000, ch. 541, § 1. Compiler's Notes. Acts 1997, ch. 507, § 4 provides that nothing in that act, which deleted former subdivision (a)(2) and added § 63-7-123(b)(2) ) (now (b)(2)(A)), shall apply to the practice of nurse anesthesia. Cross-References. Physician assistants, §§ 63-19-106 , 63-19-107 . Law Reviews. Criminal Law and Procedure (Robert E. Kendrick), 14 Vand. L. Rev. 1220. Attorney General Opinions. Constitutionality of §§ 53-10-104 and 53-10-105 , OAG 99-172 (9/2/99). Cited: State v. Manning, 490 S.W.2d 512, 1973 Tenn. LEXIS 521 (Tenn. 1973); Manning v. Jarnigan, 387 F. Supp. 791, 1974 U.S. Dist. LEXIS 11497 (E.D. Tenn. 1974); Manning v. Jarnigan, 501 F.2d 408, 1974 U.S. App. LEXIS 7407 (6th Cir. Tenn. 1974); Bailey v. Johnson, 48 F.3d 965, 1995 FED App. 78P, 1995 U.S. App. LEXIS 4248 (6th Cir. Tenn. 1995); State v. Stinnett, — S.W.3d —, 2008 Tenn. Crim. App. LEXIS 570 (Tenn. Crim. App. July 2, 2008); State v. Headley, — S.W.3d —, 2009 Tenn. Crim. App. LEXIS 817 (Tenn. Crim. App. Sept. 29, 2009).