Section 1140-03-.10 - CONDITIONS FOR DELIVERY OR SALE(1) No package containing any prescription drug or device or related material damaged by fire, heat, smoke, water, or other causes shall be placed in stock, offered for sale or dispensed or otherwise sold. Any repossession proceedings must be performed with the approval of the board.(2) Under no circumstances shall any prescription drug or device or related material damaged by fire, heat, smoke, water, or other causes be delivered or handed over to any insurance company, adjustor, salvage company, or other person unless approved by the board prior to delivery.(3) Medications may be returned to, and received by, the pharmacy/pharmacist if received expressly for the purpose of destruction of the returned medication, provided the pharmacy is equipped for doing so with a policy for complete and timely destruction of medications and in strict accordance with 1140-03-.03(8).(4) Upon request, the Board may waive selected portions of these requirements so long as any waiver granted is consistent with the Board's authority under Tenn. Code Ann. Title 63, Chapters 1 and 10, and Tenn. Code Ann. Title 4, Chapter 5.Tenn. Comp. R. & Regs. 1140-03-.10
Original rule filed February 7, 1983; effective March 9, 1983. Repeal and new rule filed May 11, 1998; effective July 25, 1998. Amendments filed November 22, 2016; effective 2/20/2017.Authority: T.C.A. §§ 63-10-204, 63-10-304, 63-10-404(8), (11), and (14), 63-10-504(b)(1) and (2), 63-10-703, and 63-10-706.