As used in this chapter, unless the context otherwise requires:(1) 'Commissioner' means the commissioner of commerce and insurance;(2) 'Department' means the department of commerce and insurance;(3) 'Member' means any person who enrolls at no cost, or who pays fees, dues, charges or other consideration for the right to enroll to receive the purported benefits of a prescription drug discount plan;(4) 'Operator' means any person that engages as principal in the business of offering, selling, marketing, advertising or otherwise distributing a prescription drug discount plan within this state. Operator does not include discount cards offered by a nonprofit association to its members as an incidental benefit to membership in the association; provided, that membership in the association entitles members to apply for insurance or other health benefits that are available only to members of the association;(5) 'Person' means an individual, corporation, partnership, association, joint venture, joint stock company, trust, unincorporated organization, limited liability company, any similar entity, or any combination of these entities;(6) 'Prescription drug' has the same meaning as the term is oint stock company, trust, unincorporated organization, limited liability company, any similar entity, or any combination of these entities;(6) 'Prescription drug' has the same meaning as the term is defined in § 63-10-204; and(7) 'Prescription drug discount plan' means any card or other purchasing mechanism or device, that is not insurance, that purports to offer discounts or access to discounts to any person for the retail purchase of prescription drugs from licensed pharmacies. A prescription drug discount plan does not include any drug discount card or drug benefit plan provided by a self-insured employer's group health benefits plan, or any prescription drug discount plan offered by an insurer licensed under this title in conjunction with health insurance.Acts 2005, ch. 474, § 2.
Tennessee Legal Code