Tennessee § 63-1-163 - Partial fill for prescription for controlled substance — Partial fill for opioid.

§ 63-1-163. Partial fill for prescription for controlled substance — Partial fill for opioid.

As used in this section: “Original prescription” means a prescription for a controlled substance from an authorized prescriber that is presented by the patient to the pharmacist or submitted electronically to the pharmacy; and “Partial fill” means a prescription filled in a lesser quantity than the amount specified on the prescription for the patient. A prescription for a controlled substance may be partially filled if: The partial fill is requested by the patient or the practitioner who wrote the prescription; and The total quantity dispensed through partial fills pursuant to subdivision (b)(1)(A) does not exceed the total quantity prescribed for the original prescription. If a partial fill is made, the pharmacist shall retain the original prescription at the pharmacy where the prescription was first presented and the partial fill dispensed. Any subsequent fill must occur at the pharmacy that initially dispensed the partial fill. Any subsequent fill must be filled within six (6) months from issuance of the original prescription, unless federal law requires it to be filled within a shorter timeframe. If a partial fill is dispensed, the pharmacist shall only record in the controlled substance database the partial fill amount actually dispensed. If a partial fill is dispensed, the pharmacist shall notify the prescribing practitioner of the partial fill and of the amount actually dispensed: Through a notation in the interoperable electronic health record of the patient; Through submission of information to the controlled substance database; By electronic or facsimile transmission; or Through a notation in the patient's record that is maintained by the pharmacy, and that is accessible to the practitioner upon request. Nothing in this section shall be construed to conflict with or supersede any other requirement established in this part or title 53, chapter 10 or 11, for a prescription of a controlled substance. [Deleted by 2019 amendment.] A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of an opioid and each partial fill associated with the original prescription. Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of an opioid shall not be considered an overpayment. A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills. [Deleted by 2019 amendment.] A pharmacist or pharmacy is authorized to charge a dispensing fee to cover the actual supply and labor costs associated with the dispensing of the original prescription of a controlled substance other than an opioid and each partial fill associated with the original prescription. Any cost sharing, copayment, dispensing fee, or any portion thereof, made to a pharmacist or pharmacy for the dispensing of a partial fill of a controlled substance other than an opioid shall not be considered an overpayment. A health insurance issuer or pharmacy benefits manager shall not utilize partial fills of a controlled substance other than an opioid to reduce payments to a pharmacist or pharmacy for dispensing multiple partial fills. By January 1, 2021, all pharmacy dispensing software vendors operating in this state shall update their dispensing software systems to allow for partial filling of controlled substances pursuant to this section. Acts 2018, ch. 1007, § 1; 2019, ch. 124, §§ 5, 6, 14, 15. Compiler's Notes. Acts 2018, ch. 1007, § 2 provided that subsection (d) of this section shall take effect January 1, 2019, and, as amended by Acts 2019, ch. 124, § 15, that subsection (e) of this section shall take effect July 1, 2019. Amendments. The 2019 amendment, in (b)(3), substituted both occurrences of “must” for “shall”, substituted “six (6) months” for thirty (30) days”, and added “, unless federal law requires it to be filled within a shorter timeframe” at the end; deleted former (d)(1) which read: “A person who presents a prescription for a partial fill for an opioid pursuant to this section is required to pay the prorated portion of cost sharing and copayments.”; deleted former (e)(1) (which never took effect); and added (f). See Compiler’s Notes. Effective Dates. Acts 2018, ch. 1007, § 2. May 1, 2019; January 1, 2019; July 1, 2019. Acts 2019, ch. 124, § 16. April 9, 2019.