(a) As used in this section, unless the context otherwise requires:

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Terms Used In Tennessee Code 63-10-601

  • Board: means the Tennessee board of pharmacy. See Tennessee Code 63-10-204
  • delivery: means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship. See Tennessee Code 63-10-204
  • Division: means the division of health related boards. 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
  • 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
  • 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
  • Pharmacy technician: means an individual who is specifically trained and designated to assist a pharmacist and may perform tasks delegated by the pharmacist, including participation in drug, dietary supplement and device selection, storage, and distribution and administration, consistent with the pharmacy technician's education, training, and experience, as defined by rules promulgated by the board. 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
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) “Federally qualified health center (FQHC)” means such entities as they are defined in §§ 1861(aa) and 1905 of the federal Social Security Act (42 U.S.C. §§ 1395x and 1396d); and
(2) “Telepharmacy in FQHCs” means an FQHC central pharmacy with one (1) or more FQHC remote sites in which all sites are connected via computer link, videolink and audiolink.
(b) Notwithstanding any other provision of this chapter, in an FQHC pilot project, as authorized in this section, a registered pharmacy technician employed by the FQHC is authorized to issue prescription drugs that have been filled by a pharmacist employed by the FQHC and delivered to the FQHC satellite clinic by an agent of the FQHC. The issuance of the prescription drugs may occur without the physical, onsite supervision of an on-duty pharmacist only under the conditions as provided in subsection (c). Registered pharmacy technicians performing services authorized in this section shall be permitted to function under the supervision of the FQHC pharmacist by means of telepharmacy with at least one (1) monthly onsite visit to review inventory controls, accountability, security, storage and issuance.
(c) In an FQHC pilot project, as authorized in this section, a registered pharmacy technician is authorized to issue prescription drugs to a patient of the FQHC and offer counseling by a pharmacist by means of telepharmacy. The FQHC pharmacist may provide patient counseling and supervision of the registered pharmacy technician when on duty at the pharmacy practice site of a FQHC.
(d) It is the intent of the general assembly that this section shall comply with all applicable requirements of the federal 340B drug pricing program, pursuant to § 340B of the Public Health Service Act (42 U.S.C. § 256b), and shall apply exclusively to the uninsured or underinsured income-eligible patients of the FQHCs participating as defined in subsection (e) for whom the prescription is not covered by third-party reimbursement.
(e) On or after July 1, 2008, the department of health and the board of pharmacy shall identify one (1) FQHC for a voluntary pilot program originating in a county located in the eastern grand division of the state in order to implement the telepharmacy provisions at no more than two (2) eligible satellite clinics as described in this section. The eligible FQHC shall have an onsite pharmacy in one (1) location, eligible satellite clinics, be responsible for all costs associated with the telemedicine equipment and connectivity, have at least one (1) year of experience with telemedicine, adequate technical support, appropriate staffing, access to the patient’s medical record and participate in the 340B drug pricing program. Only the approved pilot program in the FQHC shall be eligible for the supervision, delivery and issuance of prescription drugs to qualified patients as defined in subsection (d). This pilot program is not authorized to deliver or issue pharmaceutical products defined elsewhere as Schedule I, II, III or IV drugs. The pilot program shall report information regarding patient satisfaction and safety to the board of pharmacy, the health and human resources committee of the house of representatives and the general welfare health and human resources committee of the senate by February 1, 2010. If the board of pharmacy determines that data demonstrates the pilot is successful, then the board may expand the project beyond the one (1) FQHC to as many FQHCs as it deems appropriate.
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