Requirements for Filling Prescriptions of Prescribers Who Have Died

1. Law
2. Tennessee Code
3. Food, Drugs and Cosmetics
4. Legend Drugs
5. General Provisions
6. Requirements for Filling Prescriptions of Prescribers Who Have Died

1. Notwithstanding any other provision of law to the contrary, when a pharmacist becomes aware that a healthcare practitioner authorized to prescribe by the law of this state has died, a prescription issued by the practitioner may continue to be dispensed based on the pharmacist's professional judgment and in accordance with the following requirements:
   1. If the prescription is a new prescription that has not been previously dispensed, it may be dispensed within ninety (90) days of the date on which the practitioner has died;
   2. If the prescription has been previously dispensed and has valid authorization to be refilled, the refills may be dispensed but not for a period of more than ninety (90) days from the date on which the practitioner died for Schedule III, IV and V drugs and one hundred eighty (180) days from the date on which the practitioner died for non-scheduled drugs; and
   3. Nothing in this section shall authorize the dispensing of a prescription that was issued for a controlled substance unless permitted by the federal Controlled Substances Act and regulations of the federal drug enforcement administration.
2. These provisions shall not apply to a schedule II controlled substance.

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