§ 53-10-303 — Controlled substance database committee

(a) There is created the controlled substance database committee. The committee members shall be: (1) One (1) of the governor-appointed licensed members of each of the following healthcare professional licensure boards or committees to be chosen by the licensing board or committee: (A) The board of medical examiners; (B) The board of osteopathic examination; (C) The board of dentistry; (D) The board of podiatric medical examiners; (E) The board of optometry; (F) The board of veterinary medical examiners; (G) The board of nursing; (H) The board of physician assistants; and (I) The board of pharmacy; and (2) One (1) of the members of the board of pharmacy and one (1) of the members of the board of medical examiners who were appointed to those boards to represent the general public. The boards shall choose those representatives. (b) The committee shall have a chair and vice chair, who shall be elected annually from its members. (c) The committee shall meet at least annually and as often as deemed necessary either at the call of the chair or upon request of at least three (3) members of the committee. A quorum for purposes of official actions by the committee shall be six (6) members. (d) The members of the committee chosen to serve by the respective licensure boards and committees, while serving on this committee, shall be deemed to be performing official duties as members of their respective board or committee and shall be entitled to the same per diem and travel reimbursements as they would receive for performing their duties for their respective board or committee. The respective board or committee of each member shall pay such per diem and travel reimbursement. (e) At all times, except when considering, reviewing, discussing, advising, or taking action in reference to specifically named individuals or healthcare practitioners identified from information contained in, or reported to the database, the committee shall be subject to title 8, chapter 44, part 1, regarding public meetings. (f) Pursuant to § 53-10-311 and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall have the authority to promulgate rules as necessary for implementation of this part regarding: (1) Establishing, maintaining, and operating the database; (2) Access to the database and how access is obtained; (3) Control and dissemination of data and information in the database; (4) The control, sharing, and dissemination of data and information in the database with other states, other governmental entities, and other entities acting on behalf of any such state or governmental entity; and (5) Establishing the morphine milligram equivalent calculation for an opioid drug contained in Schedules II-V for purposes of § 63-1-164 ; provided, that if no such rule is promulgated for an opioid drug, the morphine milligram equivalent calculation established by the federal centers for disease control and prevention for that drug shall be used. (g) The committee shall advise the commissioner with respect to any contemplated rulemaking under this part. The committee may make formal recommendations to the commissioner. (h) (1) The committee and the commissioner shall have the right to examine database information to identify unusual patterns of prescribing, distributing, or dispensing controlled substances that appear to be higher than normal, taking into account the particular specialty, circumstances, patient type, or location of the healthcare practitioner. (2) If the committee or the commissioner determines that a healthcare practitioner has an unusually high pattern of prescribing, distributing, or dispensing controlled substances that is not explained by other factors, the committee or the commissioner shall refer the healthcare practitioner to the appropriate licensing board. (3) If an investigator in service of a health-related board as licensed under title 63 or title 68 has reason to believe during any part of an investigation that a healthcare practitioner is in violation of a criminal law, the investigator is authorized to report the conduct to the appropriate law enforcement personnel.

Legislative History

Acts 2016, ch. 1002, § 3; 2018, ch. 1039, § 1. Amended by 2023 Tenn. Acts, ch. 188, s 1, eff. 4/24/2023. Amended by 2022 Tenn. Acts, ch. 825, s 2, eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 565, Secs.s 4, s 4 eff. 5/26/2021. Amended by 2021 Tenn. Acts, ch. 136, s 3, eff. 4/13/2021. Amended by 2018 Tenn. Acts, ch. 1039, Sec.s 1, eff. 7/1/2018 and s 9 eff. 7/1/2023.