Public Chapter 172

HOUSE BILL NO. 1174

By Representatives Kerr, Walker

Substituted for: Senate Bill No. 1271

By Senators Miller, McNally, Dixon

AN ACT to amend Tennessee Code Annotated, Title 63, Chapter 10, relative to pharmacists.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 63-10-305, is amended by adding the following language to the section:

No program administrator shall deny or withhold payment to any pharmacy for duplicate prescription refills, or prescription refills that are dispensed early in relation to the prior day's supply dispensed, where such refills are for the purpose of replacing lost or destroyed medication or providing the patient with the quantity necessary for extended travel away from the community in which the patient resides, or for any other bona fide reason that causes the patient to be without medication, when the discontinuation of the medicine would, in the pharmacist's professional judgment, place the patient at risk of harm.

SECTION 2. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.