Tennessee § 53-10-104 Selling, bartering, giving away or obtaining legend drugs

Tennessee Statutes

§ 53-10-104 — Selling, bartering, giving away or obtaining legend drugs

Tennessee § 53-10-104

Title53

This text of Tennessee § 53-10-104 (Selling, bartering, giving away or obtaining legend drugs) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 53-10-104 (2026).

Text

(a)It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in § 53-10-101 , except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-123 ; a dentist; an optometrist authorized pursuant to § 63-8-102(12) ; or a veterinarian, and compounded or dispensed by a duly registered pharmacist.

(b)It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud,

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(a) It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in § 53-10-101 , except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-123 ; a dentist; an optometrist authorized pursuant to § 63-8-102(12) ; or a veterinarian, and compounded or dispensed by a duly registered pharmacist. (b) It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address. (c) Under no circumstances shall a nurse practitioner who has met the additional requirements of § 63-7-207(14) to write and sign prescriptions or issue drugs, nor a physician assistant working under a physician's supervision, be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve the following: (1) The writing or signing a prescription for any drug or medication; (2) The dispensing or administration of any prescribed or legend drug or medication; or (3) The performing of any procedure that involves the use of a legend drug or medication.

Legislative History

Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1953, ch. 52, § 1; 1955, ch. 89, § 1; 1961, ch. 6, § 1; 1963, ch. 369, §§ 1, 4; 1971, ch. 163, § 43; 1980, ch. 851, § 8; 1980, ch. 858, § 1; T.C.A. (orig. ed.), § 52-1204; Acts 1987, ch. 217, § 3; 1994, ch. 569, § 4; 1994, ch. 722, § 3; 1994, ch. 853, §§ 1-3; 1996, ch. 754, § 1; 1997, ch. 507, § 1; 2000, ch. 541, § 1.