Current through Acts 2023-2024, ch. 1069
Section 63-10-310 - [Effective Until 7/1/2025] License requirements(a) Except as otherwise provided in parts 2-7 of this chapter, it is unlawful for a person to engage in the practice of pharmacy unless the person is licensed or otherwise authorized to practice under parts 2-7 of this chapter.(b) The board may establish the experience and educational qualifications necessary for admission to the board's licensure or certification examinations.(c) The board may use any national certification, licensure examination, or contract with a qualified examination agency to prepare and administer its licensure examination. The board shall promulgate rules to establish the minimum score necessary to pass a licensure or certification examination required by the board.(d) To apply for a pharmacist license, a person must:(1) Be at least twenty-one (21) years of age;(2) Be a graduate of a school or college of pharmacy recognized by the board; and(3) Submit an application for licensure on forms approved by the board in writing or by online application and pursuant to rules promulgated by the board.(e) The board may grant licenses to reciprocal applicants from other states upon making a determination that the qualifications of pharmacists licensed in other states are equivalent to or greater than requirements for licensure in this state. The board may refuse to issue licenses to reciprocal applicants from other states on grounds as determined by the board's rule.(f) The board may license and register pharmacists, pharmacies, wholesalers, distributors, pharmacy technicians, pharmacy interns, manufacturers, third-party logistics providers, and other persons as may be required under federal or state law. This subsection (f) does not include manufacturers' representatives unless otherwise required by federal or state law.(g)(1) The board may promulgate rules to:(A) Establish the criteria, timing and procedure for the renewal of licenses;(B) Establish the requirements for continuing education for persons the board licenses or to whom the board issues certificates. This authority includes, but is not limited to, the establishment of the number of continuing education hours required, approval of providers and course content, enforcement of continuing education requirements, and qualification for waiver of the requirements or extension of time in which to obtain the continuing education; and(C) Designate which national or other qualified pharmacy technician certification agencies are recognized in this state for maintaining certification as a pharmacy technician.(2) The board shall promulgate rules to define the scope of practice of pharmacy technicians and the qualifications necessary to practice as a pharmacy technician.(h)(1) The board has the authority to register any mechanical or electronic systems that operate solely on the premises of a hematology or oncology clinic in this state and that perform the storage, control, and dispensing of commercially-available drug products pursuant to a valid patient-specific prescription, as part of the operations of a licensed pharmacy. The pharmacy responsible for the operations of the mechanical or electronic system shall maintain the collection, control, and maintenance of all transaction information and the security, control, and accountability for such commercially-available drug products.(2) Controlled substances, as defined in § 39-17-402, and compounded drug products must not be stocked or placed inside such mechanical or electronic system.(3) The mechanical or electronic system shall not engage in the administration of any drug product.(4) Only a physician licensed under chapter 6 or 9 of this title, a nurse licensed under chapter 7 of this title, and a pharmacist or pharmacy technician licensed under this chapter, may have access to the mechanical or electronic system as an agent of the patient.(5) The mechanical or electronic system must be stocked only by a pharmacist or a pharmacy intern or pharmacy technician acting under the supervision of a pharmacist.(6) The mechanical or electronic system must be nonmobile in nature and must be placed in a secure location behind a locked door at the hematology or oncology clinic.(7) Each patient who receives a commercially-available drug product pursuant to a valid patient-specific prescription from the mechanical or electronic system must receive counseling in accordance with the rules of the board of pharmacy.(8) The board shall establish fees necessary to carry out this section pursuant to § 63-10-312.Amended by 2024 Tenn. Acts, ch. 935,s 1, eff. 5/6/2024.Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023.Acts 1996, ch. 651, § 18; T.C.A. § 63-10-510; Acts 2007 , ch. 407, § 21.This section is set out more than once due to postponed, multiple, or conflicting amendments.