2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 10 - Legend Drugs
Part 1 - General Provisions
53-10-104 - Selling, bartering, giving away or obtaining legend drugs.

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, 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.

[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.]