Tennessee § 63-10-301 - Creation — Composition — Duties and powers — List of opioid drugs incorporating tamper or abuse resistant properties.

§ 63-10-301. Creation — Composition — Duties and powers — List of opioid drugs incorporating tamper or abuse resistant properties.

There shall exist and be maintained within this state a board of pharmacy. The board shall consist of seven (7) members, one (1) of whom shall be a consumer, who shall enforce parts 2-5 of this chapter and all laws that pertain to the practice of pharmacy and shall cooperate with other state and federal governmental agencies regarding any violations of any pharmacy drug or drug-related laws. The board has all of the duties, powers, responsibilities and authority specifically granted or necessary to the enforcement of parts 2-5 of this chapter, as well as other duties, powers, responsibilities and authority that may be granted by law. The members of the board shall be entitled to a per diem of one hundred dollars ($100) for each day's service in attending meetings of the board and other administrative functions of the board, as well as the necessary expenses for traveling and subsistence while attending the meetings and performing the other administrative functions. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. The board of pharmacy shall publish a list of opioid drugs incorporating tamper or abuse resistance properties. Inclusion of a drug on such list shall not require that a drug bear a labeling claim with respect to reduction of tampering, abuse or abuse potential at the time of listing. The inclusion of a drug on the list shall not prohibit a pharmacist from substituting an opioid drug, brand or generic, that is otherwise eligible for interchange or substitution under title 53, chapter 10, part 2. The inclusion of a drug on the list shall require that the drug has been submitted to the United States food and drug administration with a study related to tamper or abuse resistance properties. Following the publication of the initial list by the board of pharmacy, if the United States food and drug administration approves an opioid drug that bears in its label a claim to the drug's tamper or abuse resistance properties, such drug shall be added to the board of pharmacy list. This list shall be made available to prescribers, pharmacists, the commissioner of health, the commissioner of mental health and substances abuse services and the commissioner of safety. Acts 1996, ch. 651, § 8; T.C.A. § 63-10-501 ; Acts 2007, ch. 407, §§ 2, 8; 2012, ch. 575, § 2; 2012, ch. 932, § 1. Compiler's Notes. The regulatory board created by this section is attached to the division of regulatory boards in the department of commerce and insurance for purposes of administration. See §§ 4-3-1304 , 56-1-301 — 56-1-306 . The board of pharmacy, created by this section, terminates June 30, 2023. See §§ 4-29-112 , 4-29-244 . Acts 2016, ch. 773, § 3, provided that representatives of the board of pharmacy shall appear before the government operations joint evaluation committee on education, health and general welfare no later than November 18, 2016, to update the joint evaluation committee on the board's progress in addressing the findings set forth in the October 2015 performance audit report issued by the division of state audit. Cross-References. Tennessee Pharmacy Practice Act of 1996, title 63, ch. 10, parts 2-5.