A statutory section in the Tennessee Pharmacy Practice Act conflicts with a Tennessee Board of Pharmacy Rule. Which is the controlling law?

In this scenario involving the Tennessee Pharmacy Practice Act and the Tennessee Board of Pharmacy Rule, the statutory section holds a higher legal authority compared to rules or regulations provided by a board. Generally, statutes enacted by state legislature must be adhered to by regulatory bodies, including boards.

When a conflict arises between a statutory section and a board rule, the statutory section prevails because statutes represent the law as established by the legislative body. Therefore, while board rules provide important guidance and regulatory frameworks, they cannot override statutory law.

This understanding underlines the hierarchy of legal authority: statutory law is supreme, whereas administrative rules are meant to provide details on the implementation of those laws. Thus, in any case of conflict, one would refer to the statutory provision as the controlling law.