2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 10 - Legend Drugs
Part 2 - Tennessee Affordable Drug Act of 2005
53-10-210 - Prescription drugs for epilepsy patients.

53-10-210. Prescription drugs for epilepsy patients.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Anti-epileptic drug” means:

          (A)  Any drug prescribed for the treatment of epilepsy; or

          (B)  A drug used to treat or prevent seizures;

     (2)  “Epilepsy” means a neurological condition characterized by recurrent seizures;

     (3)  “Interchange” means the dispensing of one (1) manufacturer of an anti-epileptic drug for a different manufacturer of an anti-epileptic drug for which the patient is currently receiving therapy. This includes the substitution of a generic version for a brand version, a brand version for a generic version, or a generic version for a generic version by a different manufacturer; and

     (4)  “Seizure” means a brief disturbance in electrical activity of the brain.

(b)  A pharmacist, pharmacy intern or pharmacy technician shall provide notification to the patient, a family member, other relative, or a close personal friend of the individual or any other person identified by the patient before interchanging one manufacturer of an anti-epileptic drug for another manufacturer of an anti-epileptic drug in instances where the patient's epilepsy or seizures are currently being controlled on a specific drug, strength, dosage form, and dosing regimen from a specific manufacturer. The prescriber of the medication shall also be notified prior to the interchange.

(c)  This section shall not apply to prescriptions dispensed for inpatients of a hospital, nursing home or assisted care living facility as defined in § 68-11-201, or inpatients or residents of a mental health hospital or residential facility licensed under title 33.

[Acts 2007, ch. 370, § 1.]