(a) As used in this section:

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Terms Used In Tennessee Code 50-9-116

  • Drug: means any controlled substance subject to testing pursuant to drug testing regulations adopted by the United States department of transportation. See Tennessee Code 50-9-103
  • test: means any chemical, biological or physical instrumental analysis administered by a laboratory authorized to do so pursuant to this chapter, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the United States department of transportation or other recognized authority approved by rule by the commissioner of labor and workforce development. See Tennessee Code 50-9-103
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) “Issued” means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and
(2) “Valid prescription” means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a licensed pharmacy.
(b) Notwithstanding this chapter to the contrary, the medical review officer shall only consider prescriptions issued within six (6) months prior to a positive confirmed drug result for purposes of determining a valid prescription and immunity from actions authorized by this chapter following a positive confirmed drug result.
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