Executive Orders in Response to COVID‑19: Pharmacy-Specific Provisions

Updated November 9, 2020

Governor Bill Lee has issued several Executive Orders to promote the health and well-being of Tennesseans during the COVID-19 pandemic. As the situation evolves, Executive Order No. 14 has been repealed and others have been issued. Shown below are all pharmacy-specific Executive Order provisions that are currently in effect in Tennessee.

TPA will update this page as needed to reflect future Executive Orders. To see all Executive Orders issued by Governor Lee, click here.

Executive Orders in Response to the COVID-19 Pandemic:PHARMACY-SPECIFIC PROVISIONS

PHARMACY PRACTICE RULE SUSPENSIONS 

• Suspension of the Pharmacist-to-Technician Ratio (Extended until 12/29/20) – The provisions of Tenn. Comp. R. & Regs. 1140-02-.02(7) are hereby suspended so that there is no restriction on the ratio of pharmacy technicians to pharmacists while this Order is in effect. All statutes and rules regarding the supervision of a pharmacy technician by a licensed pharmacist remain in full force and effect, including, but not limited to, the requirement that a licensed pharmacist supervise, direct, and verify the accuracy of all pharmacy technician functions pursuant to Tenn. Comp. R. & Regs. 1140-02-.02(9).
• Refills of Maintenance Medications up to 90 Days – EXPIRED 9/29/20
• Remote Verification of Prescriptions (Extended until 12/29/20) – The relevant provisions of Tennessee Code Annotated, Title 63, Chapter 10, and Tenn. Comp. R. & Regs. 1140-02-.01 through Tenn. Comp. R. & Regs. 1140-02-.02 are hereby suspended to the extent necessary to allow pharmacy technicians and pharmacists to complete computer-based processing of prescriptions at alternative locations, including from the residence of the pharmacy technician or pharmacist. Such computer-based processing shall be conducted utilizing adequate security to ensure all aspects of the Health Insurance Privacy and Accountability Act of 1996 are followed. No laws pertaining to licensed pharmacy practice sites, the storage of drugs, record keeping, or dispensing processes are waived or limited by this Order.
• Authorization for Pharmacists to Provide Telehealth or Telemedicine Services (Extended until 12/29/20) – The provisions of Tennessee Code Annotated, Section 63-1-155(a)(1), are hereby suspended to the extent necessary to allow telehealth or telemedicine services to be provided by any provider licensed under Title 63, regardless of the provider’s authority to diagnose. This suspension does not otherwise alter or amend any licensee’s scope of practice or record keeping requirements.

LICENSURE CHANGES

• Suspension of Fees and Notary Requirements for Initial License Applicants
  • Fees – EXPIRED 6/30/20
  • Notary Requirements (Extended until 12/29/20): The relevant provisions of Tennessee Code Annotated, Titles 63 and 68, and related rules, are hereby suspended to the extent necessary to suspend the requirements that license applicants submit notarized application documents and instead allowing applicants to declare, certify, verify, or state under penalty of perjury that each document submitted is a true and correct copy of what it purports to be. Such declarations, certifications, verification, and statements must be signed and dated.
• Granting of Licenses, Registrations, or Certificates for Retired or Out-of-Practice Healthcare Professionals – EXPIRED 9/30/20
• Suspension of Continuing Education Requirements (Extended for entire calendar year) – The provisions of Tennessee Code Annotated, Titles 63 and 68, and related rules and policies are hereby suspended to the extent necessary to suspend the requirement that individuals complete or submit proof of completing continuing education requirements or otherwise demonstrate continuing competence as a condition of reinstating a license, certification, or registration. The Commissioner of Health shall reasonably extend the deadline for these requirements as necessary to respond to the effects of COVID-19.
  • Expiration of Health Care Professionals and Facilities Licenses – EXPIRED 8/29/20 
• Out-of-State Licensed Health Care Professionals (Extended until 12/29/20) – The relevant provisions of Tennessee Code Annotated, Titles 63 and 68, and related rules are hereby suspended to the extent necessary to give the Commissioner of Health the discretion to allow a health care professional who is licensed in another state, and who would otherwise be subject to licensing requirements under Title 63 or Title 68, to engage in the practice of such individual’s profession in Tennessee, if such individual is a health care professional who is assisting in the medical response to COVID-19, including treating routine or other medical conditions. The Commissioner of Health shall provide the requisite form for practicing under this Paragraph on the Department of Health’s Health Professional Boards webpage.

TENNCARE AND STATE INSURANCE REGULATIONS

• TennCare Changes (Extended until 12/29/20) – The Division of TennCare is hereby authorized to create policies or modify existing policies as is necessary to ensure that members of the TennCare and CoverKids programs continue to receive medically necessary services without disruption during this state of emergency.
• Tennessee Department of Commerce and Insurance – EXPIRED 8/29/20

OTHER

• Certificate of Need Requirements – EXPIRED 9/30/20
• Suspension of Certain Required Health Care Facility Inspections (Extended until 12/29/20 *Does NOT apply to pharmacy sites* ) – The provisions of Tennessee Code Annotated, Section 68-11-210(a)(l), are hereby suspended to the extent necessary to suspend the requirement that the Department of Health conduct inspections of facilities applying for licensure if the applicant facility is physically located in the same location as another licensed facility where patients have been seen within the thirty (30) days preceding the submission of the application. In instances where the Department of Health elects to not inspect a facility applying for licensure, such provisions requiring a facility applying for licensure to be inspected are hereby suspended.
• Patients in Temporary Residences – EXPIRED 8/29/20
• Alternate Testing Site Allowance (Extended until 12/29/20) – The provisions of Tenn. Comp. R. & Regs. 1200-06-03-.16 are suspended to allow testing for COVID-19 at alternate testing sites without prior approval by the Medical Laboratory Board; provided, that laboratories shall notify the Medical Laboratory Board of any such alternate testing sites.
• Medication Administration Certificates for Department of Intellectual and Development Disabilities Personnel – EXPIRED 9/30/20