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SENATE BILL 2323
By Haile
HOUSE BILL 2101
By Faison
HB2101
011419
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AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 4, relative to drugs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-431(c)(4), is amended by
deleting the subdivision and substituting:
(4) This subsection (c) also applies to pharmacist-generated prescription orders
of the product pursuant to § 63-10-206.
SECTION 2. Tennessee Code Annotated, Section 39-17-431(d), is amended by
deleting the following:
The pharmacist or pharmacy intern shall counsel with the person seeking to purchase
the product as to the reasons for needing the product and may decline the sale if the
pharmacist or pharmacy intern believes the sale is not for a legitimate medical purpose.
SECTION 3. Tennessee Code Annotated, Section 39-17-431(e), is amended by
deleting the subsection and substituting:
(1) By January 1, 2012, each pharmacy in this state shall have in place and
operational all equipment necessary to access and use the electronic sales tracking
system. The electronic sales tracking system shall be available for access and use free
of charge to the pharmacies and this state.
(2) Beginning January 1, 2012, before completing a sale of an over-the-counter
product containing pseudoephedrine or ephedrine not otherwise excluded from the
record keeping requirement, a pharmacy shall electronically submit the required
information to the electronic sales tracking system. On learning of a data entry error in
which a transaction was submitted to the electronic sales tracking system when it should
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not have been, the pharmacy shall submit a data entry error correction to the
administrator of the electronic sales tracking system to remedy the error and prevent an
inappropriate stop sale alert from being generated for a person who may seek to
purchase an over-the-counter product containing pseudoephedrine or ephedrine.
Except as provided in subsection (j), the seller shall not complete the sale if the system
generates a stop sale alert.
(3) Absent negligence, wantonness, recklessness, or deliberate misconduct, any
pharmacy utilizing the electronic sales tracking system in accordance with this
subsection (e) shall not be civilly liable as a result of any act or omission in carrying out
the duties required by this subsection (e) and shall be immune from liability to any third
party unless the retailer has violated this subsection (e) in relation to a claim brought for
such violation. This subsection (e) shall not apply to a person who obtains the product
or products pursuant to a valid prescription.
(4) The data entered into, stored, and maintained by the electronic sales tracking
system may only be used by law enforcement officials, healthcare professionals, and
pharmacists and only for controlling the sale of methamphetamine precursors.
(5) If, for any reason, the electronic sales tracking system is no longer the
system used in this state to track the sale of methamphetamine precursors, whether
because the system no longer functions, is no longer in existence, is no longer offered to
the state without cost, or is otherwise no longer available, each pharmacy shall switch to
and commence using the Tennessee Methamphetamine Information System (TMIS), as
soon as the equipment necessary to access and use the system is made available at no
charge to the pharmacy. TMIS shall be available for access and use free of charge to
the pharmacies.
(6)
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(A) As of January 1, 2027, any manufacturer of an ephedrine or
pseudoephedrine product that is sold in or into this state must, on a monthly
basis, pay fees to the administrator of the electronic sales tracking system.
(B) On an annual basis, the administrator of the electronic sales tracking
system shall establish the fee levels required under subdivision (e)(6)(A). In
setting such fees, the administrator of the electronic sales tracking system is
prohibited from increasing fees on a year-over-year basis by an amount equal to
or in excess of ten percent (10%), unless the administrator of the electronic sales
tracking system can show that the increase is directly attributable to cost factors
to the administrator of the electronic sales tracking system, including costs for
labor, services, or materials used to administer the electronic sales tracking
system.
SECTION 4. Tennessee Code Annotated, Section 39-17-431(i), is amended by deleting
the language "NPLEx" wherever it appears and substituting "electronic sales tracking system"
and by deleting the language "NADDI" wherever it appears and substituting "the administrator of
the electronic sales tracking system".
SECTION 5. Tennessee Code Annotated, Section 39-17-431(j)(1), is amended by
deleting the language "NPLEx" and substituting "The electronic sales tracking system".
SECTION 6. Tennessee Code Annotated, Section 39-17-431(j)(2), is amended by
deleting the language "NPLEx" wherever it appears and substituting "electronic sales tracking
system".
SECTION 7. Tennessee Code Annotated, Section 39-17-431(l), is amended by deleting
subdivisions (l)(1) and (2) and substituting:
(1) The TBI, in cooperation with the administrator of the electronic sales tracking
system, shall devise a method to electronically notify the administrator at least every
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seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-
17-436(b). The notification shall include the first, middle, and last names of the person,
the person's date of birth and the person's driver license number or any other state or
federal identification number. The electronic sales tracking system shall be designed to
generate a stop-sale alert for any purchaser whose name has been submitted to the
registry. Such person shall be prohibited from purchasing nonexempt products at the
point-of-sale using the electronic sales tracking system.
(2) The bureau shall also notify the administrator of the electronic sales tracking
system when a person is removed from the methamphetamine registry pursuant to § 39-
17-436(e). When notified, the person shall be removed from the electronic sales
tracking system and is permitted to purchase nonexempt products.
SECTION 8. Tennessee Code Annotated, Section 39-17-431(o), is amended by
deleting the subsection and substituting:
(o) As used in this section:
(1) "Administrator of the electronic sales tracking system" means the
entity responsible for developing, implementing, and maintaining the electronic
recordkeeping system;
(2) "Electronic sales tracking system" means the electronic tracking
system adopted by this state for the purpose of recording and monitoring the
real-time purchase of products containing ephedrine or pseudoephedrine and to
prevent or investigate illegal purchases of these products; and
(3) "Pharmacy" means only a pharmacy operating under title 63, chapter
10, which sells any immediate methamphetamine precursor at retail to the public,
including through internet sales.
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SECTION 9. Tennessee Code Annotated, Section 39-17-431(c), is amended by
deleting the language "Forty-three and two-tenths (43.2) grams" wherever it appears and
substituting instead "Sixty-one and two tenths grams (61.2 g)".
SECTION 10. This act takes effect July 1, 2026, the public welfare requiring it.