Tenn. Comp. R. & Regs. 1140-11-.01 - DEFINITIONS

(1) "ARCOS" (the "Automation of Reports and Consolidated Orders System") is an automated, comprehensive drug reporting system, created pursuant to 21 U.S.C. § 827 and administered by the United States Drug Enforcement Administration, which monitors the flow of controlled substances from the point of manufacture, through commercial distribution channels, to the point of distribution or sale at the dispensing or retail level;

(2) "Board" means the Board of Pharmacy created by T.C.A., Title 63, Chapter 10, part 3;

(3) "Committee" means the Controlled Substance Database Committee created by T.C.A., Title 53, Chapter 10, part 3;

(4) "Controlled substance(s)" means a drug, substance, or immediate precursor in Schedules I through VI as defined or listed in the Tennessee Drug Control Act, compiled in T.C.A., Title 39, Chapter 17, part 4;

(5) "Database" means the controlled substance database created by T.C.A., Title 53, Chapter 10, part 3;

(6) "Dispense" means to physically deliver a controlled substance covered by this chapter to any person, institution or entity with the intent that it be consumed away from the premises in which it is dispensed. It does not include the act of writing a prescription by a practitioner to be filled at a pharmacy. For purposes of this part, physical delivery includes mailing controlled substances into this state;

(7) "Dispenser" means any health care practitioner who is licensed and has current authority to dispense controlled substances;

(8) "Healthcare practitioner" means:

(a) A physician, dentist, optometrist, veterinarian, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense or administer a controlled substance in the course of professional practice; or

(b) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, or administer a controlled substance in the course of professional practice;

(9) "Healthcare practitioner delegate" means any person designated by a healthcare practitioner, who acts as an agent of the healthcare practitioner. A healthcare practitioner shall have the ability to authorize a healthcare practitioner delegate to check the controlled substance database as set forth in the Prescription Safety Act of 2016, Tenn. Code Ann. §§ 53-10-301, et seq. The healthcare practitioner shall be responsible for all actions taken by his or her agent, pursuant to this part;

(10) "Law enforcement personnel" means agents of the Tennessee Bureau of Investigation, agents of a judicial district drug task force, federal law enforcement officers commissioned by a federal government entity, certified law enforcement officers certified pursuant to T.C.A. § 38-8-107, and certified law enforcement officers in other states;

(11) "Patient" means a person or an animal who is receiving medical treatment from a prescriber;

(12) "Patient identifier" means the patient's full name; address including zip code; date of birth; and social security number or an alternative identification number as defined by this rule;

(13) "Person" means any individual, partnership, association, corporation and the state of Tennessee, its departments, agencies and employees, and the political subdivisions of Tennessee and their departments, agencies and employees; and

(14) "Prescriber" means an individual licensed as a medical doctor, podiatrist, dentist, optometrist, veterinarian, osteopathic physician, a physician assistant who has authority to issue prescriptions for controlled substances, or an advanced practice nurse with a certificate of fitness to prescribe.

Notes

Tenn. Comp. R. & Regs. 1140-11-.01

Original rule filed December 22, 2005; effective March 7, 2006. Emergency rule filed January 4, 2013; effective through July 3, 2013. Repeal and new rule filed April 2, 2013; effective July 1, 2013. Amendment filed December 16, 2013; effective March 16, 2014. Amendments filed November 22, 2016; effective February 20, 2017. Amendments filed October 28, 2021; effective 1/26/2022.

Authority: T.C.A. §§ 53-10-303(f), 53-10-305(e), and 53-10-311(b).