(a) For purposes of this section:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 53-10-112

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
(1) “Pharmacist” has the same meaning as defined in § 63-10-204; and
(2) “Pharmacy” has the same meaning as defined in § 63-10-204.
(b) A pharmacy owner, manager or operator shall respect the professional judgment of the pharmacist in holding the health and safety of a patient to be their first consideration.
(c) A pharmacist shall, by utilizing education, skill, experience and professional judgment, make every reasonable effort to prevent the abuse of drugs which the pharmacist dispenses. In doing so, a pharmacist may decline to dispense to a patient a legend drug which in that pharmacist’s professional judgment, lacks a therapeutic value for the patient or which is not for a legitimate medical purpose.
(d) A pharmacist shall not be subject to any penalty or fine when fulfilling the pharmacist’s obligation to uphold the health and safety of a patient which results in the pharmacist declining to dispense any legend drug.
(e) It shall be a Class A misdemeanor, punishable by fine only, for the owner, manager or operator of a pharmacy to knowingly restrict or interfere with, or knowingly require a protocol or procedure that restricts or interferes with, a pharmacist’s professional duty to counsel with patients and to evaluate the patients’ appropriate pharmaceutical needs and the exercise of the pharmacist’s professional judgment as to whether it is appropriate to dispense a legend drug to a patient.
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