(a) An operator of a prescription drug discount plan must obtain a valid certificate of registration from the commissioner. The certificate shall be valid for one (1) year from the date of issuance. In order to receive a valid certificate of registration, the operator shall file an application on a form adopted by the commissioner, and provide or demonstrate to the commissioner each of the following:
(1) The name and principal place of business of the operator;
(2) A copy of the operator's promotional materials that are distributed to prospective members;
(3) A list of drugs and drug classifications that make up the drug discount plan, or a notation that the plan is an open formulary; and
(4) The name and address of the agent in this state for service of process.
(b) Notwithstanding any law to the contrary, it shall be unlawful and a violation of this chapter for any operator, after August 1, 2005, to sell, market, promote, advertise or otherwise distribute a prescription drug discount plan in Tennessee without first complying with the registration provisions of this chapter, and complying with §§ 47-18-2701 and 47-18-2702.