53-10-310 - Practice sites where a controlled substance dispensed required to provide for electronic access to the controlled substance database Exceptions Violations and penalties Civil liability. - Tennessee Statutes

53-10-310. Practice sites where a controlled substance dispensed required to provide for electronic access to the controlled substance database Exceptions Violations and penalties Civil liability. [Effective January 1, 2010.]

(a)  Each practice site where a controlled substance is dispensed shall provide for electronic access to the database at all times when the dispenser provides health care services to a human patient potentially receiving a controlled substance.

(b)  This section shall not apply to any dispensers that are not required to report pursuant to § 53-10-304(d).

(c)  A violation of subsection (a) is punishable by a civil penalty not to exceed one hundred dollars ($100) a day assessed against the prescriber or the pharmacy as defined in § 63-10-204; provided, however, that the penalty shall only be imposed where there is a continued pattern or practice of not providing electronic access to the database.

(d)  Any dispenser, individual or entity shall not be subject to a suit for civil damages nor held civilly liable for the failure to check the database or for actions taken after reasonable reliance on information in the database.

[Acts 2009, ch. 228, § 1.]