(a) Except as provided in this section, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy.
(b) (1) A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section if the ingredients are not in a form that can be used in the manufacture of methamphetamine.(2) The board of pharmacy, in consultation with the Tennessee bureau of investigation (TBI), shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors:(A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a “molecular lock” completely preventing a product's use in methamphetamine manufacture;(B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and(C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.(3) The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list.
(1) A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section if the ingredients are not in a form that can be used in the manufacture of methamphetamine.
(2) The board of pharmacy, in consultation with the Tennessee bureau of investigation (TBI), shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors:(A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a “molecular lock” completely preventing a product's use in methamphetamine manufacture;(B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and(C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.
(A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a “molecular lock” completely preventing a product's use in methamphetamine manufacture;
(B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and
(C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.
(3) The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list.
(c) (1) A pharmacy shall not sell products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers to the same person in an amount more than:(A) Seven and two-tenths (7.2) grams in any period of thirty (30) consecutive days; or(B) Forty-three and two-tenths (43.2) grams in any one-year period.(2) A person shall not purchase products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than:(A) Seven and two-tenths (7.2) grams in any period of thirty (30) consecutive days; or(B) Forty-three and two-tenths (43.2) grams in any one-year period.(3) The limits in this subsection (c) shall apply whether one (1) form of identification required in subsection (d) is used to make the purchase or if two (2) or more forms of identification required in subsection (d) are used to purchase the products. The limits contained in this subsection (c) shall apply to the amount of ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers contained in a product. The prohibitions contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state.(4) This subsection (c) also applies to pharmacist-generated prescription orders of the product pursuant to § 63-10-206.(5) There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the pharmacist's professional duty to counsel and evaluate the patient's appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense medication as set forth in subsection (d) or otherwise.
(1) A pharmacy shall not sell products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers to the same person in an amount more than:(A) Seven and two-tenths (7.2) grams in any period of thirty (30) consecutive days; or(B) Forty-three and two-tenths (43.2) grams in any one-year period.
(A) Seven and two-tenths (7.2) grams in any period of thirty (30) consecutive days; or
(B) Forty-three and two-tenths (43.2) grams in any one-year period.
(2) A person shall not purchase products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than:(A) Seven and two-tenths (7.2) grams in any period of thirty (30) consecutive days; or(B) Forty-three and two-tenths (43.2) grams in any one-year period.
(A) Seven and two-tenths (7.2) grams in any period of thirty (30) consecutive days; or
(B) Forty-three and two-tenths (43.2) grams in any one-year period.
(3) The limits in this subsection (c) shall apply whether one (1) form of identification required in subsection (d) is used to make the purchase or if two (2) or more forms of identification required in subsection (d) are used to purchase the products. The limits contained in this subsection (c) shall apply to the amount of ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers contained in a product. The prohibitions contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state.
(4) This subsection (c) also applies to pharmacist-generated prescription orders of the product pursuant to § 63-10-206.
(5) There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the pharmacist's professional duty to counsel and evaluate the patient's appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense medication as set forth in subsection (d) or otherwise.
(d) The pharmacist or pharmacy intern under the supervision of the pharmacist shall require any person purchasing an over-the-counter product containing pseudoephedrine or ephedrine to present valid government issued photo identification at the point of sale. The pharmacist, pharmacy technician, or pharmacy intern shall maintain an electronic record of the sale under this subsection (d) and the record may be maintained in the form of a pharmacist prescription order as provided by § 63-10-206(c). The electronic record shall include the name and address of purchaser; name and quantity of product purchased; date and time purchased; purchaser identification type and number, such as driver license state and number; and the identity, such as name, initials or identification code, of the dispensing pharmacist or pharmacy intern. If a system is not able to record the identification type and number, the pharmacist, pharmacy technician, or pharmacy intern shall write the identification type and number on the prescription order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased.
(e) (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 must 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 must 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 not have been, the pharmacy must 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) is not civilly liable as a result of any act or omission in carrying out the duties required by this subsection (e) and is 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) does 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 must 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 must 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 must be available for access and use free of charge to the pharmacies.(6) (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.
(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 must 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 must 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 not have been, the pharmacy must 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) is not civilly liable as a result of any act or omission in carrying out the duties required by this subsection (e) and is 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) does 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 must 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 must 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 must be available for access and use free of charge to the pharmacies.
(6) (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.
(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.
(f) If a pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the tracking system and is unable to comply with the electronic sales tracking requirement, the pharmacy or retail establishment shall maintain a written log until such time as the pharmacy or retail establishment is able to comply with the electronic sales tracking requirement.
(g) A pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the board of pharmacy stating the reasons therefore. The board of pharmacy may grant an exemption for good cause shown, but in no event shall such exemption exceed one hundred eighty (180) days. Any pharmacy or retail establishment that receives an exemption shall maintain a hardcopy logbook and must still require the purchaser to provide the information required under this section before completion of any sale. The logbook shall be maintained as a record of each sale for inspection by any law enforcement officer or inspector of the board of pharmacy during normal business hours.
(h) Nonexempt products containing an immediate methamphetamine precursor shall be maintained behind-the-counter of the pharmacy or in a locked case within view of and within twenty-five feet (25′) of the counter.
(i) All data that is collected from Tennessee pharmacies and stored in the electronic sales tracking system will be downloaded and exported by electronic means to TMIS at least every twenty-four (24) hours. This export of data will be in a version in compliance with the National Information Exchange Standard and agreed to by both the TBI and the administrator of the electronic sales tracking system. The export will be executed without a charge to TMIS or any agency of this state. Any and all data exported to, obtained by, gathered by, transmitted to and/or stored by TMIS or its designee, once received from the administrator of the electronic sales tracking system, is the property of this state. TMIS has the authority to control, administer, and disseminate, at its discretion, this transaction data for the purpose of enforcing federal and state laws. In addition to the exporting of data to TMIS, real time access to electronic sales tracking system information through the electronic sales tracking system online portal shall be provided to law enforcement in the state free of charge.
(j) (1) The electronic sales tracking system shall generate a stop sale alert, if completion of a sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the sale is not completed. Each instance in which the override function is utilized shall be logged by the system.(2) In instances when a data entry correction has been submitted to the electronic sales tracking system concerning a purchaser in accord with subdivision (e)(2), the electronic sales tracking system shall not generate a stop sale alert in cases where the quantity limit is exceeded due to the data entry error for which the correction was submitted.
(1) The electronic sales tracking system shall generate a stop sale alert, if completion of a sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the sale is not completed. Each instance in which the override function is utilized shall be logged by the system.
(2) In instances when a data entry correction has been submitted to the electronic sales tracking system concerning a purchaser in accord with subdivision (e)(2), the electronic sales tracking system shall not generate a stop sale alert in cases where the quantity limit is exceeded due to the data entry error for which the correction was submitted.
(k) A violation of subsections (a)-(j) is a Class A misdemeanor, punishable by fine only. If the person in violation is a licensed pharmacy or pharmacist, the violation shall be reported to the board of pharmacy for review and appropriate action. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a).
(l) (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 seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-17-436(b). The notification must 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 must be designed to generate a stop-sale alert for any purchaser whose name has been submitted to the registry. Such person is 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 must be removed from the electronic sales tracking system and is permitted to purchase nonexempt products.(3) (A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor.(B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
(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 seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-17-436(b). The notification must 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 must be designed to generate a stop-sale alert for any purchaser whose name has been submitted to the registry. Such person is 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 must be removed from the electronic sales tracking system and is permitted to purchase nonexempt products.
(3) (A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor.(B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
(A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor.
(B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
(m) (1) It is an offense for a person not authorized to do so to knowingly engage in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required to be maintained behind-the-counter of the pharmacy as specified in subsection (h):(A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;(B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent;(C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or(D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period.(2) A violation of this subsection (m) shall be a Class A misdemeanor. All proceeds from fines imposed pursuant to this subsection (m) shall be used by the jurisdiction making the arrest for methamphetamine clean-up activities in that jurisdiction.
(1) It is an offense for a person not authorized to do so to knowingly engage in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required to be maintained behind-the-counter of the pharmacy as specified in subsection (h):(A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;(B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent;(C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or(D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period.
(A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;
(B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent;
(C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or
(D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period.
(2) A violation of this subsection (m) shall be a Class A misdemeanor. All proceeds from fines imposed pursuant to this subsection (m) shall be used by the jurisdiction making the arrest for methamphetamine clean-up activities in that jurisdiction.
(n) This section shall supersede any local laws or ordinances currently regulating sales of products containing any immediate methamphetamine precursor.
(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.
(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.
(p) No person under eighteen (18) years of age may purchase a product that contains any immediate methamphetamine precursor, except pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the law of the state or a pharmacist generated prescription issued pursuant to § 63-10-206.
(q) (1) This subsection (q) applies to any seller that completes an online or remote transaction for a product containing pseudoephedrine or ephedrine.(2) A seller shall not complete an online or remote sale of a product containing pseudoephedrine or ephedrine unless the purchaser provides a government-issued identification.(3) The seller shall confirm the government-issued identification through an online electronic sales tracking system that confirms:(A) The name of the purchaser;(B) The government-issued identification number; and(C) The residential address listed on the government-issued identification.(4) Prior to completing the sale, the seller shall submit the transaction to the electronic sales tracking system used in this state to determine whether the purchase would exceed the applicable daily, thirty-day, or yearly limits.(5) The seller shall not complete the transaction if the electronic sales tracking system indicates that the sale would exceed the applicable limits.(6) A pseudoephedrine or ephedrine product sold through an online or remote transaction may only be shipped or delivered to the residential address listed on the purchaser's government-issued identification. A pseudoephedrine or ephedrine product must not be delivered to:(A) A post office box;(B) A commercial mail receiving agency; or(C) Any address other than the residential address listed on the purchaser's government-issued identification.
(1) This subsection (q) applies to any seller that completes an online or remote transaction for a product containing pseudoephedrine or ephedrine.
(2) A seller shall not complete an online or remote sale of a product containing pseudoephedrine or ephedrine unless the purchaser provides a government-issued identification.
(3) The seller shall confirm the government-issued identification through an online electronic sales tracking system that confirms:(A) The name of the purchaser;(B) The government-issued identification number; and(C) The residential address listed on the government-issued identification.
(A) The name of the purchaser;
(B) The government-issued identification number; and
(C) The residential address listed on the government-issued identification.
(4) Prior to completing the sale, the seller shall submit the transaction to the electronic sales tracking system used in this state to determine whether the purchase would exceed the applicable daily, thirty-day, or yearly limits.
(5) The seller shall not complete the transaction if the electronic sales tracking system indicates that the sale would exceed the applicable limits.
(6) A pseudoephedrine or ephedrine product sold through an online or remote transaction may only be shipped or delivered to the residential address listed on the purchaser's government-issued identification. A pseudoephedrine or ephedrine product must not be delivered to:(A) A post office box;(B) A commercial mail receiving agency; or(C) Any address other than the residential address listed on the purchaser's government-issued identification.
(A) A post office box;
(B) A commercial mail receiving agency; or
(C) Any address other than the residential address listed on the purchaser's government-issued identification.