HB3298 - Tennessee - Elderly Persons, Pharmacy, Pharmacists
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Latest Update: Monday, May, 12th 2008 Companion Bill SB3127. Pharmacy, Pharmacists - Requires pharmacists to indicate on the label of a prescription drug for an elder person the condition for which the drug is prescribed if the elder person or the person's physician requests it. - Amends TCA Title 53, Chapter 10 and Title 63, Chapter 10. Fiscal Summary for HB3298 / *SB3127Increase State Expenditures - Not Significant Bill Summary for HB3298 / *SB3127 ON APRIL 10, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3298, AS AMENDED. AMENDMENT #1 rewrites this bill to require any person dispensing a legend drug for an elder person to include on the label of the container in which the legend drug is dispensed the indication or indications for which the drug is being prescribed if requested by the prescriber, patient or patient's caregiver and the prescriber, patient or patient's caregiver provides the indication or indications to the person dispensing the legend drug. Under this amendment, any person dispensing a legend drug would be immune from liability for any injury resulting from: (1) Failing to include the indication or indications on the label when not requested to do so by the prescriber, patient or patient's caregiver; or (2) Relying upon the prescriber, patient or patient's caregiver in obtaining the indication or indications included on the label. Also, under this amendment, no prescriber would be liable for damages in any civil action: (1) For refusing a patient or patient's caregiver's request to the prescriber that such prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; (2) Alleging any cause of action for violation of the patient's privacy for complying with a patient or the patient's caregiver's request that such prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; or (3) For any incorrect information placed on the label of any legend drug by the dispenser pursuant to the terms of this section unless the dispenser only relied on information provided by the prescriber. This amendment would not apply to prescriptions dispensed for inpatients of a hospital, a nursing home or an assisted care living facility or inpatients or residents of a licensed mental health hospital or residential facility or individuals incarcerated in a local, state or federal correctional facility. ON APRIL 29, 2008, THE SENATE SUBSTITUTED HOUSE BILL 3298 FOR SENATE BILL 3127, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 3298, AS AMENDED. AMENDMENT #3 adds the word "solely" to both provisions of this bill that would limit the civil liability of a dispenser, in order to clarify that any civil immunity conferred by this bill will not apply to acts that are outside the scope of the acts described in (1) and (2) and (1) through (3) in the bill summary. This amendment specifies that in order for a person dispensing a legend drug to be immune from liability for an injury resulting from relying upon the prescriber, patient, or patient's caregiver in obtaining the indication included on the label, such reliance must be reasonable. This amendment specifies that this bill will not limit the civil liability of any person who is guilty of willful or wanton misconduct, gross negligence, reckless conduct, or criminal conduct. Latest Actions
Fiscal Notes
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