Amends TCA Title 53; Title 63 and Title 68.

This bill provides the following concerning medications provided in certain medical facilities, including hospital operating rooms, hospital emergency room departments, or ambulatory surgical treatment centers ("facility"): (1) That if a topical antibiotic, anti-inflammatory, dilation, or glaucoma drop or ointment that a facility employee has on standby or that is retrieved from a dispensing system for a specified patient for use during a procedure or visit ("facility-provided medication") is used in an operating room or emergency department setting, then the prescriber must counsel the patient on its proper use and administration, and the requirement of pharmacist counseling is waived; (2) That if a facility-provided medication is ordered at least 24 hours in advance for surgical procedures and administered to a patient at the facility, then an unused portion of the facility-provided medication may be offered to the patient upon discharge when it is required for continuing treatment; and (3) That a facility-provided medication must be labeled in a manner consistent with labeling requirements under the Tennessee Pharmacy Practice Act of 1996. ON FEBRUARY 27, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 523, AS AMENDED. AMENDMENT #1 moves the provisions of this bill from the statutory title in Tennessee Code Annotated that addresses professions of the healing arts to the statutory title that addresses health provisions of law. This amendment also clarifies that “prescriber”, for purposes of this bill, means an individual authorized by law to prescribe drugs. ON MARCH 16, 2023, THE HOUSE SUBSTITUTED SENATE BILL 523 FOR HOUSE BILL 495, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 523, AS AMENDED. AMENDMENT #1 incorporates the changes made by Senate Amendment #1 and removes ambulatory surgical treatment centers from the types of facilities to which this bill applies.