(a) Notwithstanding any requirement of state law to the contrary, a pharmacist is immune from liability to any person for disclosing patient information to a person authorized by this title to prescribe drugs or devices or to communicate a prescription order where necessary to:

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Terms Used In Tennessee Code 63-10-212

  • 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
  • Medication therapy management program: means the distinct pharmacist-provided service or group of services that optimize therapeutic outcomes for individual patients. See Tennessee Code 63-10-204
  • 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
  • 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
  • Quality assurance program: means a system for identifying problems in patient care that are resolved via administrative, clinical or educational actions to ensure that final products and outcomes meet applicable specifications. 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) Fulfill the pharmacist’s responsibility to carry out prospective drug use review under state law and 42 C.F.R. part 456 for the purpose of identifying and resolving actual or potential drug-related problems, including, for example, therapeutic duplication, drug-drug interactions, incorrect drug dosage, drug-disease contraindication, duration of drug treatment, or over-utilization or under-utilization and any other drug therapy problems outlined in 42 CFR § 456.705;
(2) Assist prescribers in obtaining a comprehensive drug history on a patient;
(3) Prevent abuse or misuse of any drug or device and the diversion of controlled substances; or
(4) Provide a medication therapy management program or a quality assurance program.
(b) Disclosure of information pursuant to this section shall not constitute a waiver of any confidentiality or privilege that may be provided by law.
(c) This section shall apply only to confidentiality or privilege and shall not apply to actions arising in negligence.
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