(a) Any nonprescription drug or device can be sold in its original single package by any retail business unless such nonprescription drug or device is required by federal or state law to be dispensed or sold only by or under the supervision of a pharmacist.

Terms Used In Tennessee Code 63-10-206

  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a person duly authorized. See Tennessee Code 63-10-204
  • Drug: means any of the following:
    (A) Articles recognized as drugs or drug products in any official compendium or supplement thereto. See Tennessee Code 63-10-204
  • Nonprescription drug: means a drug that may be sold or dispensed without a prescription and that is labeled and packaged in compliance with applicable state or federal law. 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
  • Prescription order: means and includes any order, communicated through written, verbal, or electronic means by a physician, certified physician assistant, pharmacist in accordance with a collaborative pharmacy practice agreement pursuant to this section, dentist, veterinarian, optometrist authorized pursuant to §. See Tennessee Code 63-10-204
  • 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) Notwithstanding subsection (a) to the contrary, any insulin preparation shall be dispensed only by or under the supervision of a pharmacist. All insulin preparations must be properly stored in an area not accessible to the general public.
(c) In order to comply with federal and state law requiring pharmacies to maintain patient profiles with a comprehensive list of medications and devices, pharmacists are authorized to execute prescription orders for nonprescription drugs and devices.
(d) Nothing in this section shall be construed as exempting nonprescription drugs and devices dispensed on a prescription order executed by a pharmacist from application of the sales and use tax provisions of title 67, chapter 6.
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