The following shall be the minimum requirements for the storage
and handling of prescription drugs and prescription devices and for the
establishment and maintenance of prescription drug and prescription device
distribution records by manufacturers, outsourcing facilities, oxygen suppliers
and wholesalers/distributors:
(1)
Facilities. All facilities at which prescription drugs and prescription devices
are stored, warehoused, handled, held, offered, marketed, or displayed shall:
(a) Be of suitable size and construction to
facilitate cleaning, maintenance, and proper operations;
(b) Have storage areas designed to provide
adequate lighting, ventilation, temperature, sanitation, humidity, space,
equipment, and security conditions;
(c) Have a quarantine area for storage of
prescription drugs and prescription devices that are outdated, damaged,
deteriorated, misbranded, or adulterated, or that are in immediate or sealed,
secondary containers that have been opened;
(d) Be maintained in a clean and orderly
condition, and
(e) Be free from
infestation by insects, rodents, birds, or vermin of any kind.
(2) Security.
(a) All facilities shall be secure from
unauthorized entry.
1. Access from outside the
premises shall be kept to a minimum and be well-controlled.
2. The outside perimeter of the premises
shall be well-lighted.
3. Entry
into areas where prescription drugs and prescription devices are held shall be
limited to authorized personnel.
(b) All facilities shall be equipped with an
alarm system to detect entry after hours.
(c) All facilities shall be equipped with a
security system that will provide suitable protection against theft and
diversion. When appropriate, the security system shall provide protection
against theft or diversion that is facilitated or hidden by tampering with
computers or electronic records.
(3) Storage. All prescription drugs and
prescription devices shall be stored at appropriate temperatures and under
appropriate conditions in accordance with requirements, if any, in the labeling
of such drugs and devices, or with requirements in the current edition of an
official compendium, such as the United States Pharmacopeia/National Formulary
(USP/NF).
(a) If no storage requirements are
established for a prescription drug or prescription device it may be held at
"controlled" room temperature, as defined in an official compendium, to help
ensure that identity, strength, quality, and purity are not adversely
affected.
(b) Appropriate manual,
electromechanical, or electronic temperature and humidity recording equipment,
devices, and/or logs shall be utilized to document proper storage of
prescription drugs and prescription devices.
(c) The record keeping requirements in
paragraph (6) of this section shall be followed for all prescription drugs and
prescription devices.
(4) Examination of materials.
(a) Upon receipt, each outside shipping
container shall be visually examined for identity and to prevent the acceptance
of contaminated prescription drugs that are otherwise unfit for distribution.
This examination shall be adequate to reveal container damage that would
suggest possible contamination or other damage to the contents.
(b) Each outgoing shipment shall be carefully
inspected for identity of the prescription drug products and to ensure that
there is no delivery of prescription drugs that have been damaged in storage or
held under improper conditions.
(c)
The record keeping requirements in paragraph (6) of this section shall be
followed for all incoming and outgoing prescription drugs.
(5) Returned, damaged, and outdated
prescription drugs and prescription devices.
(a) Prescription drugs and prescription
devices that are outside, damaged, deteriorated, misbranded, or adulterated
shall be quarantined and physically separated from other prescription drugs and
prescription devices until destroyed or returned.
(b) Any prescription drugs and prescription
devices whose immediate or sealed outer or sealed secondary containers have
been opened or used shall be quarantined and physically separated from other
prescription drugs and prescription devices until either destroyed or
returned.
(c) If the conditions
under which a prescription drug or prescription device has been returned cast
doubt on safety, identity, strength, quality, or purity, then the prescription
drug or prescription device shall be destroyed, or returned, unless
examination, testing, or other investigation proves that the prescription drug
or prescription device meets appropriate standards of safety, identity,
strength, quality and purity. In determining whether the conditions under which
a prescription drug or prescription device has been returned cast doubt on
safety, identity, strength, quality, or purity, the manufacturer, outsourcing
facility , oxygen supplier or wholesaler/distributor shall consider, among
other things, the conditions under which the prescription drug or prescription
device has been held, stored or shipped before or during return and the
condition of the prescription drug or device or related material and its
container, carton, or labeling, as a result of storage or shipping.
(d) The record keeping requirements in
paragraph (6) of this section shall be followed for all outdated, damaged,
deteriorated, misbranded, or adulterated prescription drugs and prescription
devices.
(6) Record
keeping.
(a) Manufacturers, outsourcing
facilities, oxygen suppliers and wholesalers/distributors shall establish and
maintain inventories and records of all transactions regarding the receipt and
distribution or other disposition of prescription drugs and prescription
devices. These records shall include the following information:
1. The source of the prescription drugs and
prescription devices including the name and principal address of the seller or
transferor, and the address of the location from which the prescription drugs
and prescription devices were shipped;
2. The identity and quantity of the
prescription drugs and prescription devices received and distributed or
disposed of; and
3. The dates of
receipt and distribution or other disposition of the prescription drugs and
prescription devices.
(b) Inventories and records shall be made
available for inspection and photocopying by authorized federal, state, or
local law enforcement agency officials for a period of two (2) years following
disposition of the prescription drugs and prescription devices.
(c) Records described in this paragraph that
are kept at the inspection site or that can be immediately retrieved by
computer or other electronic means shall be readily available for authorized
inspection during the retention period. Records kept at a central location
apart from the inspection site and not electronically retrievable shall be made
available for inspection within two (2) working days of a request by an
authorized official of a federal, state, or local law enforcement
agency.
(7) Written
policies and procedures. Manufacturers, outsourcing facilities, oxygen
suppliers and wholesalers/distributors shall establish, maintain, and adhere to
written policies and procedures, which shall be followed for the receipt,
security, storage, inventory, and distribution of prescription drugs and
prescription devices; including policies and procedures for identifying,
recording, and reporting losses or thefts, and for correcting all errors and
inaccuracies in inventories. Manufacturers, outsourcing facilities, oxygen
suppliers and wholesalers/distributors shall include in written policies and
procedures the following:
(a) A procedure
whereby the older approved stock of a prescription drug or prescription device
is distributed first. The procedure may permit deviation from this requirement,
if such deviation is temporary and appropriate.
(b) A procedure to be followed for handling
recalls and withdrawals of prescription drugs and prescription devices. Such
procedures shall be adequate to respond to recalls and withdrawals due to:
1. Any action initiated at the request of the
United States Food and Drug Administration or other federal, state, or local
law enforcement or other government agency, including the board;
2. Any voluntary action by the manufacturer,
outsourcing facility, oxygen supplier or wholesaler/distributor to remove
defective or potentially defective prescription drugs and prescription devices
from the market; or
3. Any action
undertaken to promote public health and safety by replacing of an existing
product with an improved product or new package design.
(c) A procedure to ensure that manufacturers,
outsourcing facilities, oxygen suppliers and wholesalers/distributors prepare
for, protect against, and respond to any crisis that affects security or
operation of any facility in the event of strike, fire, flood, or other natural
disaster, or other situations of local, state, or national emergency.
(d) A procedure to ensure that any outdated
prescription drugs and prescription devices shall be segregated from other
prescription drugs and prescription devices and either returned to the
manufacturer, outsourcing facility, oxygen supplier or wholesaler/distributor
or destroyed. This procedure shall provide for written documentation of the
disposition of outdated prescription drugs and prescription devices. This
documentation shall be maintained for two (2) years after disposition of the
outdated prescription drugs and prescription devices.
(8) Responsible persons. Manufacturers,
outsourcing facilities, oxygen suppliers and wholesalers/distributors shall
establish and maintain lists of officers, directors, managers, and other
persons in charge of distribution, storage, and handling, including a
description of such persons' duties and a summary of such persons'
qualifications.
(9) Compliance with
federal, state, and local law. Manufacturers, outsourcing facilities, oxygen
suppliers and wholesalers/distributors shall operate in compliance with
applicable federal, state, and local laws and regulations.
(a) Manufacturers, outsourcing facilities,
oxygen suppliers and wholesalers/distributors shall permit the board and
authorized federal, state, and local law enforcement officials to enter and
inspect premises and delivery vehicles, and to audit records and written
operating procedures, at reasonable times and in a reasonable manner, to the
extent authorized by law.
(b)
Manufacturers, outsourcing facilities, oxygen suppliers and
wholesalers/distributors that handle controlled substances shall register with
the board and with the United States Drug Enforcement Administration (DEA) and
shall comply with applicable state, local and DEA regulations.
(10) Salvaging and reprocessing.
Manufacturers, outsourcing facilities, oxygen suppliers and
wholesalers/distributors shall be subject to the provisions of any applicable
federal, state, and local laws or regulations that relate to salvaging or
reprocessing of prescription drugs and prescription devices.
(11) Upon request, the Board may waive
selected portions of these requirements so long as any waiver granted is
consistent with the Board's authority under Tenn. Code Ann. Title 63, Chapters
1 and 10, and Tenn. Code Ann. Title 4, Chapter 5.