Section 1140-03-.14 - PHARMACIST IN CHARGE(1) The board shall maintain a current record of all pharmacists who have been designated "pharmacist in charge" of a pharmacy practice site in the state of Tennessee.(2) It shall be the responsibility of the person, partnership, firm, or corporation holding a pharmacy practice site license issued pursuant to T.C.A. § 63-10-306 to notify the Board immediately of:(a) The resignation, removal, or death of the pharmacist in charge named in the application for license (or successor pharmacist in charge); or(b) The disability for a period exceeding thirty (30) days of the pharmacist in charge named in the application for license (or successor pharmacist in charge).(3) The notice required by paragraph two (2) of this rule shall contain:(a) The name and (except in the case of death or disability) signature of the outgoing pharmacist in charge;(b) The effective date of the appointment (whether temporary or permanent) of the new pharmacist in charge;(c) The name and signature of the new pharmacist in charge; and(d) The name and address of the pharmacy practice site.(4) Except in case of death or incapacity, the outgoing pharmacist in charge shall, prior to departure, conduct with the successor pharmacist in charge a joint inventory of all controlled substances. In case of failure of the outgoing pharmacist in charge to comply with this requirement, the successor pharmacist in charge shall conduct such inventory alone.(5) In the event of death of a pharmacist in charge, the successor pharmacist in charge shall, immediately upon assuming the appointment as pharmacist in charge, conduct an inventory of all controlled substances.(6) In the event of disability for a period exceeding thirty (30) days of a pharmacist in charge, the successor pharmacist in charge (temporary or permanent) shall conduct an inventory of all controlled substances. Should the disabled pharmacist in charge return, the disabled pharmacist in charge and successor pharmacist in charge shall immediately conduct a joint inventory of all controlled substances.(7) A record of any inventory required by this rule shall be signed by the pharmacist(s) in charge conducting it and maintained at the pharmacy practice site with other controlled substance records for at least two (2) years. The inventory record shall indicate:(a) The name and address of the pharmacy practice site;(b) The name, strength, dosage form, and quantity of each controlled substance on hand;(c) The date of inventory; and(d) Whether the inventory was taken as of the opening or close of business on that date.(8) The pharmacist in charge shall immediately notify the board in writing in the event of termination of business by the pharmacy practice site at which the pharmacist in charge practices. Such notice shall include a complete statement concerning the disposition by the pharmacy practice site of controlled substances and all prescription drugs and devices and related materials, invoices, records, and files.(9) In a transaction involving the purchase of a pharmacy practice site or its stock of prescription drugs and devices and related materials, both the pharmacist in charge, except in case of death or incapacity, of the pharmacy practice site selling and the pharmacist in charge of the pharmacy practice site buying the stock, or the new owner of the pharmacy practice site if no pharmacist in charge has been appointed, shall jointly inventory all controlled substances and both shall sign and date that inventory and mail a copy of that inventory to the board within thirty (30) days of the completion of the sale.(10) The pharmacist in charge shall maintain a current registry of individuals employed at the pharmacy practice site performing the functions of a pharmacy technician.(11) This rule does not relieve other pharmacists or persons from their responsibility to comply with state laws and regulations.(12) No pharmacist shall be designated pharmacist in charge of more than one (1) pharmacy practice site except where the board determines that such is in the best interest of the public health.(13) The designated pharmacist in charge at a particular pharmacy practice site shall be on duty a minimum of fifty percent (50%) of the hours that the pharmacy is in operation. Except, in any event, the pharmacist in charge shall not be required to be on duty more than an average of forty (40) hours per week.(14) The designated pharmacist in charge shall report to the board any situation in which a medical or prescription order has caused serious personal injury or death.(15) 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-.14
Original rule filed February 7, 1983; effective March 9 1983. Repeal and new rule filed May 11, 1998; effective July 25, 1998. Amendment filed August 19, 2002; effective November 2, 2002. Amendments filed November 22, 2016; effective 2/20/2017.Authority: T.C.A. §§ 63-10-204, 63-10-304, 63-10-404(2), (25), (26), (27), and (28), and 63-10-504(b)(1) and (2).