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Home > State Profiles > Tennessee State Profile

Tennessee State Profile

EC PHARMACY UPDATE

There is currently no known activity promoting direct pharmacy access to EC. Existing regulations would allow pharmacist initiation of EC.  

A group of key stakeholders was assembled to address pharmacy access to EC, including the Tennessee Pharmacists Association, Planned Parenthood Tennessee, and pharmacy district managers.  Because of the FDA’s decision to reject OTC status for Plan B, the group will re-convene and determine how to move forward.

Each year, the Pharmacists Association with the College of Pharmacy provides an overview of EC and issues raised from medical communities, including the lack of stock in pharmacies. 

It is difficult to get EC by prescription at a pharmacy because there is a lack of demand and knowledge. There is a need to improve professional & consumer awareness.

The Planned Parenthood Board of Directors recently formed a public affairs committee that is informally assessing the need for EC activities. Initial activities will focus on increasing EC awareness.

State-funded family planning programs provide EC. Protocols recommend advanced provision. The state does not disseminate EC outreach materials and there is no contraceptive equity legislation. A large pharmacy chain in Tennessee, Wal-Mart is reported not to stock EC.

Please Note: This state has an optimal environment for EC protocols between pharmacists and physicians. To learn more click here.

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CONTACTS

Baeteena M. Black
Executive Director
Tennessee Pharmacists Association
226 Capitol Blvd. Suite 810
Nashville, TN 37219
615-256-3023
Fax: 615-255-3528
Bblack@tnpharm.org
www.tnpharm.org

Barry Chase
President
Memphis Regional Planned Parenthood
1407 Union Ave. Suite 300
Memphis, TN 38104
901-725-3003
Fax: 901-274-1660
bchase@ppms.org
www.plannedparenthood.org/memphis

Keri Adams
Vice President, Development, Marketing, and Public Affairs
Planned Parenthood of Middle and East Tennessee
50 Vantage Way, Suite 102
Nashville. TN 37228
615-345-0952
Fax: 615-345-0958
keria@ppmet.org
www.ppmet.org

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USEFUL LINKS

Tennessee Board of Pharmacy
www.state.tn.us/commerce/boards/pharmacy/index.html

Tennessee Pharmacists Association
www.tnpharm.org/index.html

The Tennessee General Assembly
www.legislature.state.tn.us

Tennessee Department of Health
www.state.tn.us/health

Memphis Planned Parenthood
www.plannedparenthood.org/memphis

Planned Parenthood of Middle and East Tennessee
www.ppmet.org

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PROTOCOL ENVIRONMENT

Optimal Environment: No Revision to Authority Necessary

Existing statutes and regulations would accommodate pharmacists’ initiation of emergency contraception, generally under a collaborative practice agreement (protocol) with a prescriber.

Pharmacist initiation of EC would require:

  • Development of protocol by pharmacist and securing an authorized prescriber

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PHARMACY PRACTICE ACT

Pharmacy Practice Act Regulatory and Statutory Authority

Note: The text presented below has been prepared by the American Pharmacists Association for the Pharmacy Access Partnership and reflects legislation or regulation promulgated as of June 15, 2003.

TENNESSEE

Pharmacists practicing in any setting may implement collaborative agreements for drug therapy management. There are no additional requirements. The scope of practice is outlined within the protocol, with no statutory limitations. Pharmacists in any practice setting may also administer “drugs, dietary supplements and devices” via any route of delivery. Authority for administration is granted in statutory definitions of “administer” and “practice of pharmacy.”

Under Tennessee practice, medications are administered under a standing order or collaborative drug therapy management protocol. The Board has unofficial guidance for using this authority, including requirements for education, standing orders, etc.

Statutory authority: Provided in the Practice Act definitions. Tenn. Code Ann. § 63-10-402, § 63-10-404

Regulatory authority: Provided in the definitions of medication order, patient counseling, pharmaceutical care, and pharmaceutical care.. Tenn. Comp. R. & Reg. 1140-3-.01

 

TENNESSEE STATUTE

TENNESSEE PHARMACY PRACTICE ACT

CHAPTER 10 Pharmacy

PART 1 Board of Pharmacy

Act 63-10-101.

63-10-404 - Definitions.

As used in parts 4-6 of this chapter unless context otherwise requires:

(1) “Administer” means the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means;

(19) “Medical order” means a lawful order of a prescriber for a specific patient that may or may not include a prescription order; such orders subject to rules and regulations as may be promulgated from time to time by the respective boards which license the persons who are authorized to prescribe drugs;

(31)

(A) “Practice of pharmacymeans a patient-oriented health service profession in which pharmacists interact and consult with patients and other health care professionals to enhance patients' wellness, prevent illness and optimize outcomes. The practice involves interpretation, evaluation, and implementation of medical orders and prescription orders; responsibility for substances; participation in drug, dietary supplement and device selection, storage, distribution and administration; drug evaluation, utilization or regimen review; maintenance of patient profiles and other pharmacy records; provision of patient education and counseling; drug or drug-related research; and those professional acts, professional decisions or professional services necessary to maintain all areas of a patient's pharmacy-related care;

(B) Nothing in this chapter authorizes a pharmacist to order laboratory tests or prescription drugs except pursuant to a medical order by the attending physician for each patient; provided, that pharmacists are authorized to conduct and assist patients with tests approved for in-home use. Except as described in this section, pharmacists shall not be authorized to order or prescribe legend drugs or order laboratory tests. Pharmacists may convey orders for laboratory tests and prescription orders where required to carry out a medical order when authorized by the attending physician for each patient;

(34) “Prescription order” means and includes any order, communicated through written, verbal, or electronic means by a physician, certified physician assistant, nurse authorized pursuant to § 63-6-204, who is rendering service under the supervision, control, and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(14), dentist, veterinarian, optometrist authorized pursuant to § 63-8-102(12), or other allied medical practitioner, for any drug, device or treatment. Nothing in this chapter shall prohibit the verbal communication of a direct order for a prescription from a physician to a pharmacist by a registered nurse or physician's assistant pursuant to § 63-6-204;

 

TENNESSEE REGULATIONS

TENNESSEE BOARD OF PHARMACY REGULATIONS

CHAPTER 1140-1 Introductory Rules, Licensing and Registration Requirements, Fees and Health Department Dispensing

1140-1-.01 -Definitions.

* * *

(17) “Medication order” means a prescription order for any prescription drug or device or related material issued by an authorized prescriber to authorized healthcare personnel in an institutional facility or institutional pharmacy practice site.

(20) “Patient counseling” means communication by the pharmacist of information to the patient or caregiver in order to improve therapeutic outcome.

(21) “Pharmaceutical care” is the responsible provision of drug therapy through, among other things, pharmacists identifying potential and actual drug-related problems and resolving and preventing drug-related problems, for the purpose of achieving definite outcomes that improve a patient’s quality of life. The outcomes include but are not limited to cure of a disease, elimination or reduction of a patient’s symptomatology, arresting or slowing of a disease process and the preventing of a disease or symptomatology.

CHAPTER 1140-3 Standards of Practice

1140-3-.01

Responsibilities for Pharmaceutical Care.

(1) Patient counseling

(a) Upon the receipt of a medical or prescription order and following a review of the patient's record, a pharmacist shall personally counsel the patient or caregiver “face-to-face” if the patient or caregiver is present. If the patient or caregiver is not present, a pharmacist shall make a reasonable effort to counsel through alternative means.

(b) Alternative forms of patient information may be used to supplement, but not replace, face-to-face patient counseling.

(c) Patient counseling, as described herein, shall also be required for outpatients of hospitals or other institutional facilities dispensing medical and prescription orders and for patients when medications are dispensed on discharge from the hospital or other institutional facility.

(d) Patient counseling as described in this rule shall not be required for inpatients of an institutional facility.

(e) Patient counseling shall cover matters, which in the exercise of the pharmacist's professional judgment, the pharmacist deems significant including:

1. the name and description of the medication;

2. the dosage form, dose, route of administration, and duration of drug therapy;

3. special directions and precautions for preparation, administration, and use by the patient;

4. common side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;

5. techniques for self-monitoring drug therapy;

6. proper storage;

7. prescription refill information; and
8. action to be taken in the event of a missed dose.

(f) Upon the receipt of a request for a refill of a medical or prescription order, a pharmacist or a person designated by the pharmacist shall offer for the pharmacist to personally counsel the patient or caregiver. Counseling as described in (e) above is not required unless requested by the patient or deemed necessary in the professional judgment of the pharmacist.

(g) A pharmacist shall not be required to counsel a patient or caregiver when the patient or caregiver refuses such counseling.

* * *

(3) Drug Regimen Review.

(a) A pharmacist shall be responsible for a reasonable review of a patient's record prior to dispensing each medical or prescription order. The review shall include evaluating the medical and prescription order for:

1. over-utilization or under-utilization;

2. therapeutic duplication;

3. drug-disease contraindication;

4. drug-drug interactions;

5. incorrect drug dosage or duration of drug treatment;

6. drug-allergy interactions;

7. clinical abuse/misuse.

(b) Upon recognizing any of the above, the pharmacist shall take appropriate steps to avoid or resolve the problem.

(4) Implementation of Pharmaceutical Care.

(a) As a necessary health care provider, pharmacists shall carry out, in addition to the responsibilities in paragraphs (1) through (3) of this rule, those professional acts, professional decisions and professional services necessary to maintain a patient’s pharmacy related care and to implement and accomplish the medical and prescription orders of licensed practitioners, including but not limited to:

1. Developing relationships with licensed practitioners to enable the pharmacist to accomplish comprehensive management of a patient’s pharmacy related care and to enhance a patient’s wellness, quality of life and optimize outcomes; and

2. Communicating to the health care provider any knowledge of unexpected or adverse response to drug therapy, or resolving unexpected or adverse response; and

3. Having a pharmacist accessible at all times to patients and healthcare providers to respond to their questions and needs.

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The state comparison information above was adapted from a study conducted by the American Pharmacists Association and commissioned by the Pharmacy Access Partnership.

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