(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:

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Terms Used In Tennessee Code 63-10-207

  • Controlled substance: means a drug, substance or immediate precursor identified, defined or listed in title 39, chapter 17, part 4 and title 53, chapter 11. See Tennessee Code 63-10-204
  • Dispense: means preparing, packaging, compounding or labeling for delivery and actual delivery of a prescription drug, nonprescription drug or device in the course of professional practice to a patient or the patient's agent, to include a licensed health care practitioner or a health care facility providing services or treatment to the patient or patients, by or pursuant to the lawful order of a prescriber. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Label: means any written, printed or graphic matter on the immediate container of a drug or device. See Tennessee Code 63-10-204
  • Medical order: means a lawful order of a prescriber for a specific patient that may or may not include a prescription order, such orders subject to rules and regulations as may be promulgated from time to time by the respective boards that license the persons who are authorized to prescribe drugs. 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
  • Prescriber: means an individual authorized by law to prescribe drugs. See Tennessee Code 63-10-204
  • Prescription drug: means a drug that under federal or state law is required to be dispensed only pursuant to a prescription order or is restricted to use by prescribers and that under federal law must be labeled with either the symbol "Rx only" or the statement "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian". 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
(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.
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