47-18-2802 - Prohibited acts during medical emergency Defenses. - Tennessee Statutes

47-18-2802. Prohibited acts during medical emergency Defenses.

(a)  Upon the proclamation of a medical emergency by the commissioner of health and continuing until such emergency is terminated, it is unlawful, for any person, including, but not limited to, a distributor, supplier, hospital, clinic, pharmacy or other health care provider, to charge any other person a price for a vaccine or inoculation that is grossly in excess of the price generally charged for the same or similar vaccine or inoculation in the usual course of business in the year prior to the year of the proclaimed medical emergency.

(b)  It is an affirmative defense to prosecution under this part, which must be proven by a preponderance of the evidence, that such price increase was directly attributable to:

     (1)  Additional costs for labor or materials used to produce or provide the vaccine or inoculation; or

     (2)  Additional costs imposed on a hospital, clinic, pharmacy or other health care provider by a manufacturer, distributor or supplier of the vaccine.

(c)  A medical emergency shall be terminated by proclamation of the commissioner of health when, in the discretion of the commissioner, the medical emergency has ended.

[Acts 2005, ch. 164, § 1.]