Correction, Dept. of - As enacted, authorizes the department to adopt or amend a formulary for use in the correctional facilities operated by or on behalf of the department. - Amends TCA Title 8; Title 41; Title 53; Titl, the official text

46''/,

.  mc~1.J;mE \l~):
•                "'lfi(  Ji~:

   .::~:s:='-
   ··.Az-9.'.~!

   ·•••: 'Jf: ••••

~tate of utennessee

PUBLIC CHAPTER NO. 749

                                                  HOUSE BILL NO. 1741

                 By Representatives Davis, Kumar, Helton-Haynes, Carringer, Terry

                                       Substituted for: Senate Bill No. 1790

                             By Senators Reeves, Harshbarger, Bailey, Bowling

         AN ACT to amend Tennessee Code Annotated, Title 8; Title 41; 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 41, Chapter 21, Part 2, is amended by
adding the following as a new section:

                    (a) As used in this section:

                              (1) "Department" means the department of correction;

                              (2) "Formulary" means a list of prescription drugs approved for use within
                    correctional facilities operated by or on behalf of the department; and

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

                    (b) The department may adopt or amend a formulary for use in the correctional
          facilities operated by or on behalf of the department.

                    (c)

                              (1) In establishing and maintaining the formulary, the department shall
                    ensure that a non-opioid medication 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 formulary.

                              (2) Subdivision (c)(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.

                    (d) This section applies to a non-opioid medication after it has been approved by
          the United States food and drug administration for the treatment or management of pain,
          regardless of whether the drug has been reviewed by the department for inclusion on the
          formulary. This section also applies to drugs being provided through a contract between
          the department and a healthcare vendor for purposes of delivering healthcare services
          within correctional facilities.

          SECTION 2. This act takes effect January 1, 2027, the public welfare requiring it.
         HOUSE BILL NO. 1741

PASSED:  March 19, 2026

                                        '

                                CAME~~EXTON,SPEAKER
                                HOUSE OF REPRESENTATIVES

                         R-  ' " ~ .... ~"'7:>c._\.\.._\
                                   RANDY - - - -- - - M- - C- -NI - - - -

                                   SPEAKER OF THE SENATE

f y ; \ APPROVED this ~ day of     2026

    /?iiL IL,t. •

BILL LEE, GOVERNOR