(1) Purpose.
This rule is designed to implement the law requiring that
licensed optometrists have all written, typed, or computer-generated
prescriptions issued on tamper-resistant prescription paper.
(2) Definitions.
The following definitions are applicable to this rule:
(a) "Drug" shall have the same meaning as set
forth in T.C.A. §
63-10-204(16).
(b) "Prescriber" means an individual licensed
in Tennessee as a medical doctor, podiatrist, advanced practice nurse with a
certificate of fitness to prescribe, dentist, optometrist, osteopathic
physician, or physician's assistant.
(c) "Prescription order" shall have the same
meaning as set forth in T.C.A. §63-10-
204(34).
(d) "Tamper-resistant prescription" means a
written prescription order with features that are designed to prevent
unauthorized copying, erasure, modification, and use of counterfeit
prescription forms.
(3)
Tamper-Resistant Prescription Requirements.
(a) A prescriber shall ensure that all
handwritten, typed, or computer-generated prescription orders are issued on
tamper-resistant prescriptions. Tamper-resistant prescriptions shall contain
the following features:
1. Either a void or
illegal pantograph or a watermark designed to prevent copying;
2. Either quantity check-off boxes with
refill indicators or a uniform, non-white background color designed to prevent
erasure or modification; and
3.
Security features and descriptions listed on the prescriptions designed to
prevent use of counterfeit forms.
(4) Security Measures and Recordkeeping.
(a) Each prescriber shall undertake adequate
safeguards and security measures to ensure against loss, improper destruction,
theft, or unauthorized use of the tamper-resistant prescriptions in the
prescriber's possession.
(5) Use of Tamper-Resistant Prescriptions.
(a) Facsimile Prescription Transmission.
1. Prescriptions sent by facsimile
transmission are not required to be placed on tamper-resistant prescription
paper.
2. If a prescriber transmits
a prescription order to a pharmacy by facsimile transmission, the prescriber or
someone designated by the prescriber shall document in the patient's medical
record the name of the drug, strength, and quantity prescribed. The prescriber
may, but is not required to, document the means by which the prescription was
transmitted.
(b)
Electronic Prescription Transmission.
1.
Prescriptions sent by electronic transmission are not required to be placed on
tamper-resistant prescription paper.
2. If a prescriber transmits a prescription
order to a pharmacy by electronic transmission, the prescriber shall document
the prescription in the patient's file and in accordance with the applicable
laws and rules for each of the prescribers' respective professions as well as
applicable federal laws and rules. The prescriber, may, but is not required to,
document the means by which the prescription was transmitted.
Notes
Tenn. Comp. R. & Regs. 1045-02-.16
Public necessity rule
filed June 25, 2009; effective through December 7, 2009. Public necessity rule
filed June 25, 2009 expired; on December 8, 2009, the rule reverted to its
prior status. Emergency rule filed December 21, 2009; effective through June
19, 2010. Original rule filed March 22, 2010; effective June 20,
2010.
Authority: Chapter 1035 of the Public Acts of
2008 and T.C.A. §§
53-10-401,
63-8-112, and
63-8-126. [effective October 1,
2008 for TennCare prescriptions and July 1, 2009 for non-TennCare
prescriptions].
