Official Summary Text
LEGEND DRUGS
Under present law, i
t is unlawful
to
sell, barter or give away a legend drug,
which is
any item that
federal law prohibits dispensing without a prescription
,
from a licensed doctor, dentist, optometrist or veterinarian
, except upon the written prescription of
certain professionals, including
a duly licensed physician; certified physician assistant; nurse
authorized
under the board of medical examiners
or
osteopathic medical service
, who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements
to obtain a certificate of fitness
; a dentis
t; an optometrist
having met the requirements of the p
ractice of optometry as a profession
; or a veterinarian, and compounded or dispensed by a duly registered pharmacist.
This bill adds
a pharmacist
to this li
st
of individuals who can so prescribe.
Und
er present law, i
t is unlawful for any person to have in the person's possession
a legend drug
without the drug having been prescribed by a duly licensed physician, certified physician assistant, dentist, optometrist
,
or veterinarian, and having been dispe
nsed by a pharmacy duly licensed and registered in this state, unless the person was a resident of another state and had the prescription filled by a duly licensed and registered pharmacist of the other state
. This bill adds
a pharmacist
to this li
st
of i
ndividuals who can so prescribe.
However, present law provides such unlawful possession
does not apply to a licensed physician, certified physician assistant, dentist, optometrist
,
or veterinarian, nor to the drugs under the control of
such a person
in t
he practice of that person's profession, and the exemption includes a nurse
under the board of medical examiners
or
osteopathic medical service
, who is rendering service under the supervision, control and responsibility of a licensed physician, and who mee
ts the requirements pursuant to
the board of nursing's annual
directory listing all persons licensed to practice as a professional or practical nurse in
this state.
This bill adds a pharmacist to this
exemption
lis
t.
HORMONAL CONTRACEPTIVE
S
Present law
authorizes
a pharmacist, in good faith, to provide hormonal contraceptives according to a valid collaborative pharmacy practice agreement containing a nonpatient-specific prescriptive order and standardized procedures developed and executed by one or more
authorized prescribers.
A
pharmacist may provide hormonal contraceptives to individuals who are
at least 18, or under 18
if the individual is an emancipated minor.
Present law authorizes a
pharmacist, pharmacist's employer, or pharmacist's agent
to
cha
rge an annual administrative fee for services
pertaining to the provision of hormonal contraceptives,
in addition to any costs associated with the dispensing of the drug and paid by the pharmacy benefit.
Patients who are insured or covered and receive a p
harmacy benefit that covers the cost of hormonal contraceptives
must
not be required to pay an administrative fee.
This bill revises this provision to allow patients to be required to pay an administrative fee.
DISCRIMINATION PROHIBITED
Present law pr
ohibits a
managed health insurance issuer
from
discriminat
ing
with respect to participation, referral, reimbursement of covered services, or indemnification as to any provider who is acting within the scope of the provider's license or certification under
state law, solely on the basis of the license or certification.
In selecting among providers of health services for membership in a provider network, a managed health insurance issuer or other network
must
not discriminate against a class of providers who
provide services that are covered by the plan by prohibiting the class of providers from membership in the provider network.
As used in this
bill
,
"
class of providers
"
means licensed physician assistants, certified nurse midwives
duly licensed by the sta
te board of nursing as a registered nurse and also duly certified as a nurse midwife by the American College of Nurse-Midwives
, and nurses in advanced practic
e, defined as a
registered nurse who is duly licensed by the state board of nursing and who is als
o a nationally certified nurse practitioner, a nationally certified registered nurse anesthetist, or a nationally certified clinical specialist
.
This bill adds to the "class of providers" pharmacists
acting within the scope of the provider's license or ce
rtification under state law
.
Current Bill Text
Read the full stored bill text
SENATE BILL 569
By Reeves
HOUSE BILL 693
By Baum
HB0693
000645
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 53,
Chapter 10; Title 56, Chapter 32 and Title 63,
Chapter 10, relative to pharmacy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 53-10-104(a), is amended by
inserting the language "a pharmacist authorized pursuant to § 63-10-204;" immediately
preceding "or a veterinarian".
SECTION 2. Tennessee Code Annotated, Section 53-10-105, is amended by inserting
the language "pharmacist authorized pursuant to § 63-10-204," immediately preceding "or
veterinarian" wherever it appears in subsection (a) and subdivision (b)(2).
SECTION 3. Tennessee Code Annotated, Section 63-10-219(e), is amended by
deleting the language "shall prohibit" and substituting "must not prohibit".
SECTION 4. Tennessee Code Annotated, Section 63-10-219(f)(2), is amended by
deleting the language "who are insured or covered and receive a pharmacy benefit that covers
the cost of hormonal contraceptives shall not be required to pay an administrative fee. These
patients".
SECTION 5. Tennessee Code Annotated, Section 56-32-137, is amended by deleting
the language "certified nurse midwives as described in § 56-7-2407, and" and substituting
"certified nurse midwives as described in § 56-7-2407, pharmacists as described in § 56-32-
129, and".
SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it.