# Tenn. Code Ann. § 53-10-104: Selling, bartering, giving away or obtaining legend drugs > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-104 ## Section - **Citation:** Tenn. Code Ann. § 53-10-104 - **Heading:** Selling, bartering, giving away or obtaining legend drugs - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 53 / Chapter 10 / Section 53-10-104 ## Text (a) It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in § 53-10-101 , except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-123 ; a dentist; an optometrist authorized pursuant to § 63-8-102(12) ; or a veterinarian, and compounded or dispensed by a duly registered pharmacist. (b) It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address. (c) Under no circumstances shall a nurse practitioner who has met the additional requirements of § 63-7-207(14) to write and sign prescriptions or issue drugs, nor a physician assistant working under a physician's supervision, be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve the following: (1) The writing or signing a prescription for any drug or medication; (2) The dispensing or administration of any prescribed or legend drug or medication; or (3) The performing of any procedure that involves the use of a legend drug or medication. Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1953, ch. 52, § 1; 1955, ch. 89, § 1; 1961, ch. 6, § 1; 1963, ch. 369, §§ 1, 4; 1971, ch. 163, § 43; 1980, ch. 851, § 8; 1980, ch. 858, § 1; T.C.A. (orig. ed.), § 52-1204; Acts 1987, ch. 217, § 3; 1994, ch. 569, § 4; 1994, ch. 722, § 3; 1994, ch. 853, §§ 1-3; 1996, ch. 754, § 1; 1997, ch. 507, § 1; 2000, ch. 541, § 1. (a) It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in § 53-10-101 , except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-123 ; a dentist; an optometrist authorized pursuant to § 63-8-102(12) ; or a veterinarian, and compounded or dispensed by a duly registered pharmacist. (b) It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address. unded or dispensed by a duly registered pharmacist. (b) It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address. (c) Under no circumstances shall a nurse practitioner who has met the additional requirements of § 63-7-207(14) to write and sign prescriptions or issue drugs, nor a physician assistant working under a physician's supervision, be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve the following: (1) The writing or signing a prescription for any drug or medication; (2) The dispensing or administration of any prescribed or legend drug or medication; or (3) The performing of any procedure that involves the use of a legend drug or medication. (1) The writing or signing a prescription for any drug or medication; (2) The dispensing or administration of any prescribed or legend drug or medication; or (3) The performing of any procedure that involves the use of a legend drug or medication. Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1953, ch. 52, § 1; 1955, ch. 89, § 1; 1961, ch. 6, § 1; 1963, ch. 369, §§ 1, 4; 1971, ch. 163, § 43; 1980, ch. 851, § 8; 1980, ch. 858, § 1; T.C.A. (orig. ed.), § 52-1204; Acts 1987, ch. 217, § 3; 1994, ch. 569, § 4; 1994, ch. 722, § 3; 1994, ch. 853, §§ 1-3; 1996, ch. 754, § 1; 1997, ch. 507, § 1; 2000, ch. 541, § 1. ## Nearby sections - [Tenn. Code Ann. § 53-10-101 "Legend Drugs" defined](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-101.md) - [Tenn. Code Ann. § 53-10-102 Application of part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-102.md) - [Tenn. Code Ann. § 53-10-103 Enforcement - Rules and regulations - Fines](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-103.md) - [Tenn. Code Ann. § 53-10-104 Selling, bartering, giving away or obtaining legend drugs](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-104.md) - [Tenn. Code Ann. § 53-10-105 Possession without prescription unlawful](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-105.md) - [Tenn. Code Ann. § 53-10-106 Adulterated drugs or devices](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-106.md) - [Tenn. Code Ann. § 53-10-107 Fines and fees to be paid to board of pharmacy](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-107.md) - [Tenn. Code Ann. § 53-10-108 Violation - Penalty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-108.md) - [Tenn. Code Ann. § 53-10-109 Prescription of certain stimulants for weight control prohibited](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-109.md) - [Tenn. Code Ann. § 53-10-110 Contents of label - Damages in civil action](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-110.md) - [Tenn. Code Ann. § 53-10-111 Requirements for filling prescriptions of prescribers who have died](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-111.md) - [Tenn. Code Ann. § 53-10-112 Prevention of abuse of drugs dispensed by pharmacist](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-112.md) - [Tenn. Code Ann. § 53-10-113 Off-label drug use](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-113.md) - [Tenn. Code Ann. § 53-10-201 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-201.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-104. Check the current official text before relying on it. Not legal advice.