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

(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.

Tennessee § 53-10-104 (Selling, bartering, giving away or obtaining legend drugs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.