Section 0880-02-.23 - TAMPER RESISTANT PRESCRIPTIONS(1) Purpose. This rule is designed to implement the law requiring that licensed physicians have all written, typed, or computer-generated prescriptions issued on tarn per-resistant prescription paper.
(2) Definitions. The following definitions are applicable to this rule:
(a) "Drug" shall have the same meaning as set forth in T.C.A. § 63-10-204(16).(b) "Prescriber" means an individual licensed in Tennessee as a medical doctor, podiatrist, advanced practice nurse with a certificate of fitness to prescribe, dentist, optometrist, osteopathic physician, or physician assistant.(c) "Prescription order" shall have the same meaning as set forth in T.C.A. § 63-10-204(34).(d) "Tamper-resistant prescription" means a written prescription order with features that are designed to prevent unauthorized copying, erasure, modification, and use of counterfeit prescription forms.(3) Tamper-Resistant Prescription Requirements. (a) A prescriber shall ensure that all handwritten, typed, or computer-generated prescription orders are issued on tamper-resistant prescriptions. Tamper-resistant prescriptions shall contain the following features: 1. Either a void or illegal pantograph or a watermark designed to prevent copying;2. Either quantity check-off boxes with refill indicators or a uniform, non-white background color designed to prevent erasure or modification; and3. Security features and descriptions listed on the prescriptions designed to prevent use of counterfeit forms.(4) Security Measures and Recordkeeping. (a) Each prescriber shall undertake adequate safeguards and security measures to ensure against loss, improper destruction, theft, or unauthorized use of the tarn per-resistant prescriptions in the prescriber's possession.(5) Use of Tamper-Resistant Prescriptions. (a) Facsimile Prescription Transmission. 1. Prescriptions sent by facsimile transmission are not required to be placed on tamper-resistant prescription paper.2. If a prescriber transmits a prescription order to a pharmacy by facsimile transmission, the prescriber or someone designated by the prescriber shall document in the patient's medical record the name of the drug, strength, and quantity prescribed. The prescriber may, but is not required to, document the means by which the prescription was transmitted.(b) Electronic Prescription Transmission.1. Prescriptions sent by electronic transmission are not required to be placed on tamper-resistant prescription paper.2. If a prescriber transmits a prescription order to a pharmacy by electronic transmission, the prescriber shall document the prescription in the patient's file and in accordance with the applicable laws and rules for each of the prescribes' respective professions as well as applicable federal laws and rules. The prescriber may, but is not required to, document the means by which the prescription was transmitted.Tenn. Comp. R. & Regs. 0880-02-.23
Public necessity rule filed June 25, 2009; effective through December 7, 2009. Public necessity rule filed June 25, 2009 expired; on December 8, 2009, the rule reverted to its prior status. Emergency rule filed December 21, 2009; effective through June 19, 2010. Original rule filed March 22, 2010; effective June 20, 2010.Authority: Chapter 1035 of the Public Acts of 2008 and T.C.A. §§ 53-10-401, 63-6-101, and 63-6-236. [effective October 1, 2008 for TennCare prescriptions and July 1, 2009 for non-TennCare prescriptions].