Tamper-Resistant Prescriptions

(1) Purpose. This rule is designed to implement the law requiring that licensed osteopathic physicians 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(38). (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, quantity prescribed, and the method by which the prescription has been transmitted. GENERAL RULES AND REGULATIONS GOVERNING CHAPTER 1155-02 THE PRACTICE OF PODIATRY (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 that the prescription was transmitted electronically 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.