Controlled Substances - As enacted, clarifies that a substance that is approved by the U.S. food and drug administration and designated or scheduled under federal law by a final order published in the Federal Register is, the official text

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~tate of \lrennessee

PUBLIC CHAPTER NO. 1008

HOUSE BILL NO. 2136

By Representatives Terry, Davis, Russell, Howell

Substituted for: Senate Bill No. 2556

                                            By Senators Reeves, Stevens

         AN ACT to amend Tennessee Code Annotated, Title 39; Title 53; Title 63 and Title 68,
relative to medications approved by the federal food and drug administration.

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

          SECTION 1. Tennessee Code Annotated, Section 39-17-403(d), is amended by
designating the existing language as subdivision (d)(1) and adding the following as a new
subdivision:

                   (2) If no objection is filed under subdivision (d)(1) for a substance that is
          approved by the United States food and drug administration and designated or
          scheduled under federal law by a final order published in the Federal Register, then the
          substance is considered to be in the same schedule as such substance is designated or
          scheduled under the federal schedule of controlled substances after the expiration of
         thirty (30) days from the date of publication of the final order. Any such designation or
          scheduling pursuant to this subdivision (d)(2) is effective immediately after the expiration
          of thirty (30) days from the date of publication of the final order and is not contingent on
         the annual revision and republishing of schedules pursuant to subsection (g).

          SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following as a new section:

                   (a) Notwithstanding a law to the contrary, a healthcare prescriber licensed under
         this title who is authorized to prescribe controlled substances may prescribe a drug
          product that has been scheduled pursuant to § 39-17-403(d)(2) immediately upon the
         effective date of such scheduling if:

                             (1) The drug product is approved by the United States food and drug
                   administration;

                   (2) The drug product is in a schedule other than Schedule I by operation
         of§ 39-17-403(d);

                   (3) Prescribing the drug product is within the healthcare prescriber's
         lawful scope of practice; and

                   (4) The drug product is not otherwise prohibited by state or federal law.

SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.
         HOUSE BILL NO. 2136

PASSED:  April 21, 2026

                            CAMERO7""SEXTON,SPEAKER
                            HOUSE OF REPRESENTATIVES

                         ~

                                         RANDY MCNALl
                            SPEAKER OF THE SENAT

Jg-tt. •1 APPROVED this
         day of vY'.'r,       2026

     l?u,~

BILL LEE, GOVERNOR