Title 53, Food, Drugs And Cosmetics

The proceeds of all seizures, confiscations and sales made by a state agency pursuant to this chapter shall be transmitted to the state treasurer and deposited in the state treasury; provided, that upon application of the commissioner, the proceeds or any part of the proceeds may…

The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, dispe…

(a) Every person who manufactures, distributes, dispenses, or is a third-party logistics provider for any controlled substance pursuant to § 53-11-301 within this state or who proposes to engage in the manufacture, distribution, dispensing, warehousing, or providing logistics ser…

(a) The state board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances shall register an applicant to manufacture or distribute controlled substances included in title 39, chapter 17, part …

(a) A registration under § 53-11-302 to manufacture, warehouse, distribute, dispense, or provide logistics services for a controlled substance may be suspended or revoked by the board of pharmacy and the appropriate occupational or professional licensing board governing persons w…

(a) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances shall serve upon the applicant…

Persons registered to manufacture, distribute or dispense controlled substances under this part and part 4 of this chapter and title 39, chapter 17, part 4, shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal la…

(a) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. (b) Compliance with federal law respecting order forms shall be deemed compliance with this section.

(a) Except when dispensed directly by a health care prescriber other than a pharmacy to an ultimate user, no controlled substance in Schedule II may be dispensed without the electronic prescription of a health care prescriber, unless authorized by § 63-1-160. To the extent federa…

(a) Any physician, dentist, optometrist, podiatrist, veterinarian, pharmacist, advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant, hereinafter referred to collectively as “health care providers”, who has actua…

(a) Prior to an authorized dispenser dispensing a prescription for any Schedule II-IV opioid, benzodiazepine, zolpidem, barbiturate, or carisoprodol medication for greater than a seven-day supply, a pharmacist, pharmacy technician, pharmacy intern, or any other person authorized …

(a) A product containing buprenorphine, whether with or without naloxone, may only be prescribed for a use recognized by the federal food and drug administration. This subsection (a) does not apply to a person who has a documented diagnosis of opiate addiction as shown in the per…

(a) No later than January 1, 2021, the departments of health and mental health and substance abuse services, and the bureau of TennCare shall collaborate to develop educational materials for providers and facilities where medication assisted treatment including treatment involvin…

(a) Except as provided in subsection (b), a healthcare prescriber of a buprenorphine product for use in recovery or medication-assisted treatment, or a nonresidential office-based opiate treatment facility, as defined in § 33-2-402, shall only accept a check, money order, or debi…

This chapter does not create a private right of action.

(a) It is unlawful for any person:(1) Who is subject to part 3 of this chapter, to distribute or dispense a controlled substance in violation of § 53-11-308 or to distribute or dispense any controlled substance for any purposes other than those authorized by and consistent with t…

(a) It is unlawful for any person knowingly or intentionally to:(1) Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 53-11-307;(2) Use in the course of the manufacture or distribution of a controll…

Any penalty imposed for a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

(a) Any officer or authorized representative of the Tennessee bureau of investigation designated by the director of that bureau may:(1) Carry firearms in the performance of the individual's official duties;(2) Execute and serve search warrants, arrest warrants, subpoenas and summ…

(a) (1) Prescriptions, orders and records, required by part 3 of this chapter and this part, or title 39, chapter 17, part 4, and stocks of controlled substances, shall be open for inspection only to federal, state, county and municipal officers whose duty it is to enforce the la…

(a) The criminal and circuit courts of this state may exercise jurisdiction to restrain or enjoin violations of part 3 of this chapter and this part, or title 39, chapter 17, part 4. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraini…

(a) The Tennessee bureau of investigation shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and controlled substance analogues and in suppressing the abuse of controlled substances and controlled …

(a) It is not necessary for the state to negate any exemption or exception in part 3 of this chapter and this part, or title 39, chapter 17, part 4, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under part 3 of this chapt…

(a) All final determinations, findings and conclusions of the department of safety, department of mental health and substance abuse services, department of health, or the board of pharmacy under part 3 of this chapter and this part, or title 39, chapter 17, part 4, are final and …

No person shall manufacture, obtain, possess, administer or dispense any controlled substance or controlled substance analogue for the purpose of scientific research, instruction or chemical analysis except as provided in the Tennessee Legend Drug and Controlled Substance Researc…

(a) Prosecution for any violation of law occurring prior to July 1, 1971, is not affected or abated by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed]. If the offense being prosecuted is similar to one set out in [former] §§ 39-6-417 — 39-6-…

(a) Except as provided in subsection (b), the county or municipality shall account for those funds received under title 39, chapter 17, part 4 in a special revenue fund. Upon demand of the chief executive of the arresting law enforcement agency, the county or municipality shall p…

(a) It is unlawful for any person knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of § 39-14-150. A violation of this section shal…

(a) The following are subject to forfeiture:(1) All controlled substances or controlled substance analogues that have been manufactured, distributed, dispensed or acquired in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4;(2) All raw materials,…

(a) (1) The following real property shall be subject to forfeiture to the state and no property right shall exist in the property:(A) All real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improv…

(1) As used in this chapter, unless the context otherwise requires:(1) “Apparently wholesome deer meat” means deer meat that complies with applicable standards, requirements, and procedures established by the department of agriculture;(2) “Apparently wholesome food” means food th…

(a) (1) The good-faith donor of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence…

(a) A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome food, fit for human consumption, and distributes it, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages resulting from the cond…

Nothing in this chapter shall restrict the authority of any appropriate agency to regulate or ban the use of any apparently wholesome food for human consumption.

The qualification of civil liability provided under this chapter shall apply only to food that meets the standards of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, or the regulations under that chapter, and shall not apply to food that was unfit …

This chapter shall be known and may be cited as the “Tennessee Legend Drug and Controlled Substance Research Act of 1984.”

(1) This chapter shall not apply to:(1) A licensed physician, dentist or veterinarian lawfully administering, dispensing or prescribing a legend drug or controlled substance in the course of the individual's professional practice to an ultimate user for a recognized medical purpo…

(1) As used in this chapter, unless the context otherwise requires:(1) “Board” means the board of pharmacy created by § 63-10-301;(2) “Commissioner” means the commissioner of health;(3) “Controlled substance analogues” is defined as in § 39-17-454;(4) “Controlled substances” is d…

(a) No person shall manufacture, obtain, possess, administer or dispense a legend drug, controlled substance or controlled substance analogue for the purpose of scientific research, chemical analysis, instruction or training of detection animals without having first secured a lic…

(a) Upon approval by the commissioner, the director shall issue a license authorizing the holder to manufacture, obtain, possess, dispense, or administer legend drugs, controlled substances or controlled substance analogues, or any combination thereof, for the purpose of scientif…

(a) All licenses issued pursuant to § 53-14-105 shall specify:(1) The name and address of the licensees;(2) The nature of the authorized project or projects;(3) The nature of legend drugs, controlled substances or controlled substance analogues to be used in the project; and(4) W…

(a) If any licensee under this chapter wishes to amend the terms or conditions of the licensee's license, the licensee shall make application to the director. (b) The application shall be accompanied by a nonrefundable fee of five dollars ($5.00), or other amount set by the board…

(a) If an application for a license or amendment under this chapter is denied, the director shall notify the applicant in writing of the reason or reasons for the denial. (b) The applicant may, within thirty (30) days of the date of the notification, submit responsive materials f…

(a) Any institution that regularly engages in research, instruction or chemical analysis may apply for a license authorizing internal approval of specific projects conducted under the institution's immediate auspices. The application shall be accompanied by the fee and materials …

(1) All licensees under this chapter shall maintain in a readily retrievable manner for a period of two (2) years:(1) Records showing the receipt, administration, dispensing or destruction of all legend drugs, controlled substances and controlled substance analogues; and(2) Copie…

(a) The board, or its officers, agents or employees, shall periodically inspect the premises of licensees under this chapter for compliance with the submitted protocol, record-keeping and security requirements, and other state and federal laws or regulations relating to legend dr…