§ 63-10-308 — Enforcement of pharmaceutical laws - Promulgation of rules

(a) The board shall enforce laws in this state relating to the practice of pharmacy; the manufacture, distribution, and sale of drugs; the medication use process, including, but not limited to, compounding, selection, preparation, production, dispensing, and distribution; patient administration; and the education and monitoring of drugs, devices, chemicals, and poisons. (b) The division of health related boards shall employ the necessary administrative and clerical staff and investigators who are pharmacists to carry out the board's duty to enforce pharmaceutical laws. The pharmacist investigators may conduct inspections of pharmacies and other sites where drugs, medicines, chemicals, pharmaceuticals, or poisons are manufactured, stored, sold, dispensed, distributed, or administered and shall conduct investigations of a board licensee. The pharmacist investigators may also assist in inspections and investigations undertaken by other health related boards attached to the division, and investigators assigned to these other health related boards may assist pharmacist investigators as appropriate. (c) The board shall promulgate rules: (1) To establish minimum standards and conditions for the operation of a pharmacy; (2) Regarding the practice of pharmacy in this state to protect the health and welfare of the citizens of this state; (3) Regarding professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy; (4) To set minimum standards and conditions for receiving, preparing, maintaining, transferring, and dispensing of prescription orders; and (5) To ensure that persons who are blind, visually impaired, or otherwise print disabled have appropriate access to prescription labels, bag tags, and medical guides. (d) (1) The board shall: (A) Keep a record of the board's meetings and other proceedings; (B) Issue and maintain a register of all persons who have been issued licenses and who have had their licenses renewed; and (C) Maintain a register of pharmacists who have been designated as a pharmacist-in-charge. (2) The board may maintain a register of pharmacy technicians as necessary to maintain public welfare. (e) (1) The board may petition a circuit or chancery court having jurisdiction over persons who practice pharmacy in this state without a valid license or who have violated the provisions of parts 2-7 of this chapter or rules promulgated by the board to enjoin a person from continuing to practice in this state. (2) The executive director may issue subpoenas for witnesses and records and to administer oaths to witnesses. (f) (1) Board members may join professional organizations and associations organized to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public. (2) The board may authorize, subject to the approval of the commissioner, administrative and investigative personnel and board members to attend local, state, regional, and national meetings. All reimbursement for travel expenses directly incurred as a result of attending such meetings shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (g) The board shall: (1) Regularly notify licensed pharmacists of changes that are implemented or enforced by the board that affect the licensees resulting from newly promulgated rules, amended statutes, and adopted policies and guidelines; (2) Establish and publish on its website the statutes, rules, policies, and guidelines that are implemented or enforced by the board and that affect licensees; and (3) Require licensees to maintain a copy of the board of pharmacy statutes, rules, policies, and guidelines at the location in which they practice pharmacy. (h) The board may issue advisory private letter rulings to any affected licensee making a request for a ruling regarding matters within the board's jurisdiction. The private letter ruling affects only the licensee making the inquiry and has no precedential value for any other inquiry or future contested case to come before the board. The board may resolve a dispute regarding a private letter ruling pursuant to declaratory orders under § 4-5-223 .

Legislative History

Amended by 2023 Tenn. Acts, ch. 457, s 1, eff. 7/1/2023. Acts 1996, ch. 651, § 16; T.C.A. §63-10-508; Acts 2007 , ch. 407, § 20.