(a) It is the duty of the board to enforce all the laws of the state now or hereafter enacted that pertain to the practice of pharmacy, the manufacture, distribution or sale of drugs, and the medication use process, including, but not limited to compounding, selection, preparation/production, dispensing/distribution, patient administration, education and monitoring of drugs, devices, chemicals or poisons. The division shall employ for the board the necessary administrative and clerical staff and investigators who are pharmacists to carry out the board’s duty to enforce the pharmaceutical laws. The pharmacist investigators shall be authorized to conduct inspections of pharmacies and any other site where drugs, medicines, chemicals, pharmaceuticals or poisons are manufactured, stored, sold, dispensed, distributed or administered and shall conduct investigations of any licensee of the board. The pharmacist investigators may also assist in inspections and investigations undertaken by other health related boards attached to the division, and investigators assigned to these other health related boards may assist pharmacist investigators as appropriate.
Terms Used In Tennessee Code 63-10-304
Administer: means the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means. See Tennessee Code 63-10-204
Compounding: means the preparation, mixing, assembling, packaging or labeling of a drug or device: (A) As the result of a prescription order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice. See Tennessee Code 63-10-204
distribution: means the sale, purchase, trade, delivery, handling, storage, or receipt of a product or the arrangement of the sale, purchase, trade, delivery, handling, storage, or receipt of a product through third parties. See Tennessee Code 63-10-204
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Person: means any individual, partnership, association, corporation and the state, its departments, agencies and employees, and the political subdivisions of Tennessee and their departments, agencies and employees, except the department of health and local health departments. See Tennessee Code 63-10-204
Pharmacist: means an individual health care provider licensed by the state, pursuant to parts 4-6 of this chapter, to practice the profession of pharmacy. See Tennessee Code 63-10-204
Pharmacist-in-charge: means the supervisory pharmacist who has the authority and responsibility for compliance with laws and rules pertaining to the practice of pharmacy at the practice site of the pharmacist-in-charge. See Tennessee Code 63-10-204
Pharmacy: means a location licensed by this state where drugs are compounded or dispensed under the supervision of a pharmacist, as defined in the rules of the board and where prescription orders are received or processed. See Tennessee Code 63-10-204
Practice of pharmacy: means a patient-oriented health service profession in which pharmacists interact and consult with patients and other health care professionals to enhance patients' wellness, prevent illness, and optimize outcomes. See Tennessee Code 63-10-204
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b)(1) The board shall adopt, amend and repeal rules for the proper administration and enforcement of parts 2-5 of this chapter, consistent with such provisions. The rules shall be adopted, amended or repealed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(2) The board shall adopt rules establishing minimum standards and conditions for operation of a pharmacy.(3) If the board determines it necessary in order to protect the health and welfare of the citizens of this state, it may adopt rules concerning the practice of pharmacy in this state also applicable to the practice of pharmacy located in another state.(c) The board also has the power and authority to adopt, amend and repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy.(d) The board shall meet at least annually and at such other times as it deems necessary to perform its duties under this chapter.(e) The board shall keep a record of all its proceedings. The board shall issue and maintain a register of all persons to whom licenses have been issued and all renewals and a register of pharmacists having been designated as a pharmacist-in-charge. The board may maintain a register of pharmacy technicians as necessary to maintain public welfare.(f)(1) The board is authorized to conduct hearings and issue orders concerning alleged violations of parts 2-5 of this chapter or rules promulgated pursuant to parts 2-5 of this chapter and shall retain jurisdiction over all of its orders to allow, when good cause is established, modification of those orders and the reinstatement or reactivation of any license or certificate that the board revoked or suspended pursuant to those orders.(2) The board is authorized to petition any circuit or chancery court having jurisdiction of any person who is practicing pharmacy in Tennessee without a valid license or who has violated any of the provisions of parts 2-5 of this chapter or the rules of the board to enjoin that person from continuing to practice within this state.(3) The director is granted authority to issue subpoenas for witnesses and records and to administer oaths to witnesses.(g)(1) The board may join professional organizations and associations organized to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public.(2) The board may authorize, subject to the approval of the commissioner, administrative and investigative personnel and board members to attend local, state, regional and national meetings and to perform other necessary functions. These personnel shall be reimbursed for all travel and other necessary expenses, which shall be claimed and paid in accordance with the prevailing travel regulations of state government.(h) The board has the other duties, powers and authority necessary to enforce parts 2-5 of this chapter.(i) The board shall adopt rules establishing minimum standards and conditions for receiving, preparing, maintaining, transferring and dispensing of prescription orders.(j)(1) The board of pharmacy shall regularly notify each holder of a pharmacy or a pharmacist license of changes that are to be implemented or enforced by the board that affect the licensee. These changes shall include newly promulgated or amended statutes, rules, policies or guidelines.(2) The board of pharmacy shall establish and maintain a link or links on the board of pharmacy website to the statutes, rules, policies and guidelines that are implemented or enforced by the board and affect the licensee.(3) The board of pharmacy shall mandate that the licensee maintain at the site of the licensee’s practice a copy of the board of pharmacy statutes, rules, policies and guidelines.(k) The board of pharmacy shall promulgate rules necessary to ensure that an individual who is blind, visually impaired, or otherwise print disabled has appropriate access to prescription labels, bag tags, and medical guides.
