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Back to HB 37
Tennessee General Assembly· HB 37Transmitted to Governor for his action.

Opioids - As enacted, authorizes an insurer, for purposes of group insurance plans offered to state employees, to adopt or amend a state preferred drug list (PDL); requires the insurer to ensure that a non-opioid drug ap, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                        ~tate of \!Cennessee

                         PUBLIC CHAPTER NO. 278

                                                   HOUSE BILL NO. 37

                                                By Representative Davis

                                        Substituted for: Senate Bill No. 428

                                        By Senators Reeves, Haile, Jackson

         AN ACT to amend Tennessee Code Annotated, Title 8; Title 53; Title 56; Title 63; Title
68 and Title 71, relative to the use of drugs for the treatment of pain.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 56, Chapter 7, is amended by adding the
following new part:

          56-7-3801.

                    As used in this part:

                              (1) "Group insurance plan" means a group insurance plan that covers
                    state employees approved pursuant to title 8, chapter 27;

                              (2) "Healthcare prescriber" means a prescriber as defined in § 53-10-203;

                              (3) "Insurer" means an insurer that offers a group insurance plan; and

                              (4) "Non-opioid treatment" means a drug or biological product that is
                    indicated to produce analgesia without acting on the body's opioid receptors.

           56-7-3802.

                    (a) Except as otherwise provided in this section, an insurer, for purposes of
          offering a group insurance plan, may adopt or amend a state preferred drug list (POL).

                     (b)

                               (1) In establishing and maintaining the POL, the insurer shall ensure that
                     a non-opioid drug approved by the United States food and drug administration for
                     the treatment or management of pain is not disadvantaged or discouraged with
                     respect to coverage relative to an opioid or narcotic drug for the treatment or
                     management of pain on the POL.

                               (2) Subdivision (b)( 1) does not prohibit an opioid medication from being
                     preferred over other opioid medications, or a non-opioid medication from being
                     preferred over other non-opioid medications.

                     (c) This section applies to a non-opioid drug after it has been approved by the
           United States food and drug administration for a period of nine months or longer for the
           treatment or management of pain, regardless of whether the drug has been reviewed by
           the insurer for inclusion on the POL. This section also applies to drugs being provided
           under a contract between the insurer and a pharmacy benefits manager for purposes of
           a group insurance plan.

           SECTION 2. This act takes effect January 1, 2026, the public welfare requiring it.
                    - - - - HOUSE BILL NO. 37

PASSED:  April 7, 2025

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                               CAMERONSEXTON,SPEAKER
                              HOUSE OF REPRESENTATIVES

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                                      '  .... RAND~MCNALLy

                                         SPEAKER OF TIE SENATE

/JpD I APPROVED this lt)L(fi. day of           2025

BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.