Tennessee Pharmacists Association
Know the Rules

NEW TENNESSEE LAWS EFFECTIVE JANUARY 1, 2016

Daily CSMD Reporting Required 

Effective January 1, 2016, all dispensers will be required to report the information below to the Controlled Substance Monitoring Database (CSMD) for each business day, but no later than the close of business on the following business day.

WHAT YOU NEED TO KNOW:

On January 1, 2016…

  • Pharmacists and other dispensers will be required to report to the CSMD daily, but no later than the close of business on the following business day.
  • Pharmacists and other dispensers will be required to report the following information to the CSMD:
    • Prescriber identifier;
    • Dispensing date of controlled substance;
    • Patient identifier;
    • Controlled substance dispensed identifier;
    • Quantity of controlled substance dispensed;
    • Strength of controlled substance dispensed;
    • Estimated days supply;
    • Dispenser identifier;
    • Date the prescription was issued by the prescriber;
    • Whether the prescription was new or a refill;
    • Source of payment; and
    • Other relevant information as required by rule.
  • The following are the only instances in which pharmacists and other dispensersare not required to report to the CSMD:
    • A drug administered directly to a patient;
    • Any drug sample dispensed;
    • Any drug dispensed by a licensed veterinarian, provided that the quantity dispensed is limited to an amount adequate to treat the non-human patient for a maximum of forty-eight (48) hours;
    • Any facility that is registered by the United States drug enforcement administration as a narcotic treatment program and is subject to the recordkeeping provisions of 21 CFR 1304.24; or
    • Any drug dispensed by a licensed healthcare facility, provided that the quantity dispensed is limited to an amount that is adequate to treat the patient for a maximum of forty-eight (48) hours.

More information on this law may found by accessing Public Chapter 1011 or by accessing the Tennessee Code Annotated.


Increased Regulation of Dextromethorphan-Containing Products

Effective January 1, 2016, this law prohibits the retail sale of products containing dextromethorphan to persons who are less than 18 years of age, and also prohibits the purchase of products containing dextromethorphan by persons who are less than 18 years of age.

WHAT YOU NEED TO KNOW:

On January 1, 2016…

  • Pharmacists and pharmacy staff will be required to manually obtain and verify proof of age by requiring the purchaser to present, as a condition of sale, valid government-issued photo identification proving that the purchaser is at least eighteen (18) years of age, or proof of emancipation (if the purchaser is less than eighteen (18) years of age but is an emancipated minor). Pharmacists and pharmacy staff will NOT be required to manually obtain and verify proof of age if, from the purchaser’s outward appearance, the pharmacist or pharmacy staff member would reasonably believe the purchaser to be thirty (30) years of age or older.
  • Pharmacists and pharmacy staff will NOT be required to implement additional compliance requirements, including placement of products in a specific place within a store, other restrictions on consumers’ direct access to products, or the maintenance of transaction records.
  • This section does not apply to a product containing dextromethorphan that is sold pursuant to a valid prescription, including a pharmacist-generated prescription issued pursuant to § 63-10-206.
  • The age requirement does not apply to emancipated minors, as defined in § 39-11- 106.
  • This law does not apply to a product containing dextromethorphan that is delivered or dispensed:
    • At hospitals, nursing homes, assisted care living facilities, or other facilities licensed by the Board for Licensing Health Care Facilities under title 68, chapter 11, part 2;
    • At facilities providing mental health services, alcohol and drug abuse prevention or treatment, intellectual and developmental disabilities, or other facilities licensed under title 33, chapter 2, part 4;
    • By a licensed healthcare practitioner to an inmate at a jail or correctional facility.
  • No employee, representative, or person acting on behalf of a commercial entity shall be in violation of this act, or be subject to an adverse employment action for a violation of this act, unless the employee, representative, or person has completed an employer-provided course of instruction that is specifically designed to enable the employee, representative, or person to identify products containing dextromethorphan and distinguish those products from similar products that do not contain dextromethorphan.
  • Penalties for violations of this law include a civil penalty of not more than one hundred dollars ($100) for a first violation and five hundred dollars ($500) for a second or subsequent violation.

More information may found by accessing Public Chapter 82 or by accessing theTennessee Code Annotated.

TPA urges all pharmacists and pharmacy staff members to work to ensure compliance with these laws on or before January 1, 2016.