Tenn. Code § 63-10-207

Current through Acts 2023-2024, ch. 1069
Section 63-10-207 - Dispensing of medication prior to authorization
(a) Notwithstanding any provision of law to the contrary, a pharmacist may, in good faith, dispense to a patient without proper authorization the number of dosages of a prescription drug necessary to allow such patient to secure such authorization from such patient's prescriber, not to exceed a seventy-two-hour supply, if:
(1) The patient offers satisfactory evidence to the pharmacist that the prescriber has placed the patient on a maintenance medication and that such patient is without valid refills or for some valid reason cannot obtain proper authorization; and
(2) In the judgment of the pharmacist, the health, safety and welfare of the patient would otherwise be endangered.
(b) This section shall not be construed to authorize dispensing of controlled substance medication without proper authorization.
(c) If proper authorization cannot be obtained during the seventy-two-hour period, then the pharmacist may dispense the number of dosages necessary for one (1) additional consecutive seventy-two-hour period in accordance with the requirements of this section.
(d)
(1) For the purpose of this subsection (d) only, "patient" means a patient from this state, or another state or territory, who was displaced by a disaster, as defined in § 58-2-101, when the patient is present in this state.
(2) A pharmacist in this state may, in good faith, dispense to a patient without proper authorization or a valid prescription the number of dosages of a prescription drug necessary to allow the patient to secure proper authorization or a valid prescription from the patient's prescriber.
(3) The amount of a prescription drug dispensed under this subsection (d) shall not exceed a twenty-day supply.
(4) Prescription information may be obtained from a prescription label, verbal medical order, verbal prescription order, or any other means determined to be legitimate in the professional judgment of the pharmacist.

T.C.A. § 63-10-207

Amended by 2018 Tenn. Acts, ch. 615, s 1, eff. 7/1/2018.
Acts 1996, ch. 651, § 7; T.C.A. § 63-10-407; Acts 2007 , ch. 407, § 4.
See Executive Order No. 36 (5/12/2020), which suspended the provisions of Tennessee Code Annotated, T.C.A. 63-10-207(a) and (c), to allow a pharmacist to dispense up to a 90-day supply of maintenance prescriptions without proper authorization to persons as is necessary to respond to and prevent the spread of COVID-19 in Tennessee.