Section 1140-02-.01 - PHARMACISTS AND PHARMACY INTERNS(1) A pharmacist shall hold the health and safety of patients to be the first consideration and shall render to each patient the full measure of the pharmacist's ability as an essential health practitioner.(2) A pharmacist shall not knowingly condone or assist in the dispensing, promoting, or distributing of drugs or devices which are not of good quality, which do not meet standards by law, or which lack therapeutic value for the patient.(3) A pharmacist shall always strive to perfect and enlarge the pharmacist's professional knowledge and shall utilize and make available this knowledge as may be required in accordance with the pharmacist's best professional judgment.(4) A pharmacist shall observe the law, uphold the dignity and honor of the profession, and accept its ethical principles. A pharmacist shall not engage in any activity that will bring discredit to the profession, and shall expose, without fear or favor, illegal or unethical conduct in the profession.(5) A pharmacist shall seek at all times only fair and reasonable remuneration for the pharmacist's services. A pharmacist shall never agree to or participate in transactions with practitioners of other health professions or any other person under which fees are divided, or which may cause financial or other exploitation in connection with the rendering of the pharmacist's professional services.(6) A pharmacist shall respect the confidential and personal nature of professional and patient records. Except where the best interest of a patient requires or the law demands, a pharmacist shall not disclose such information to anyone without proper patient authorization.(7) A pharmacist shall not agree to practice under terms or conditions which tend to interfere with or impair the proper exercise of professional judgment and skill, which tend to cause a deterioration of the quality of professional service and patient care, or which require the pharmacist to consent to unethical conduct.(8) A pharmacist shall not make publication or circulation of any statement tending to deceive, misrepresent, or mislead anyone, nor be a party or accessory to any fraudulent or deceptive practice or transaction in pharmacy.(9) A pharmacist shall not enter into any agreement with anyone for the compounding of secret formula or coded medical or prescription orders.(10) A pharmacist shall, by utilizing education, skill, experience, and professional judgment, make every reasonable effort to prevent the abuse of drugs which the pharmacist dispenses.(11) A pharmacist shall provide pharmaceutical service: (a) Which is as complete as the public may reasonably expect;(b) Without discriminating in any manner between patients or groups of patients; and(c) Without compromising the kind or extent of services or facilities made available.(12) A pharmacist shall recognize the Tennessee Board of Pharmacy as the governing body of the practice of pharmacy in the State of Tennessee, and report to the board any violations of pharmacy laws or rules which may come to the pharmacists attention. The pharmacist at all times shall refrain from discussing these matters with nonmembers of the profession.(13) The following functions must be performed personally by a pharmacist or by a pharmacy intern under the personal supervision and in the presence of a pharmacist: (a) Certification of medical and prescription orders;(b) Performance of final verification of the product prior to dispensing;(c) Initialing of medical and prescription orders noting appropriate comments;(d) Providing patient counseling;(e) Proving direct patient care services;(f) Providing drug information to patients, care givers, and health care providers;(g) Supervision of compounding;(h) Evaluation and establishment of criteria for selection of drug product(s) and supplier(s); and(i) Daily opening and closing of a pharmacy practice site.(14) A pharmacist and pharmacy intern shall wear appropriate identification showing name and appropriate title.(15) A pharmacist shall immediately notify the board office in writing of a change in location of primary practice site and permanent residence.(16) A pharmacist shall conspicuously display the pharmacist's license and certificate of registration at the pharmacist's primary practice site, unless it is an institutional pharmacy practice site, in which case, the pharmacist's license and certificate of registration shall be maintained at the site.(17) A pharmacist convicted of any crime, including driving under the influence of alcohol or controlled substances, shall report such conviction to the board within ten (10) days of the conviction becoming final. For purposes of this reporting requirement, a conviction includes pretrial or judicial diversion.(18) A pharmacist shall not incent or induce the transfer of a prescription absent the exercise of professional judgment.(19) A pharmacist shall comply with lawful order(s) of the board.Tenn. Comp. R. & Regs. 1140-02-.01
Repeal and new rule filed May 11, 1998; effective July 25, 1998. Amendment filed December 23, 2009; effective March 23, 2010. Amendments filed November 22, 2016; effective 2/20/2017.Authority: T.C.A. §§ 63-10-204, 63-10-304, 63-10-404(26), (27), and (29), 63-10-304(b)(1) and (c), 63-10-504(b)(1), and 63-10-504(b)(1)(C).