§ 53-10-311 — Establishment of operations committee - Agreements with federal government and other jurisdictions for sharing and dissemination of data and information

(a) There is created an operations committee. The operations committee shall be composed of: (1) The board of medical examiners' medical director for special projects; (2) An epidemiologist employed by the department of health; (3) The executive director of the board of pharmacy; (4) The director of the controlled substance database; (5) A member of the controlled substance database committee; (6) The executive director of the board of nursing as an ex officio non-voting member; and (7) The executive director of the board of medical examiners as an ex officio non-voting member. (b) (1) The commissioner shall have the duty to convene the operations committee at least annually and request approval by the operations committee of actions taken under the authority granted by this part prior to those actions becoming final. The operations committee shall meet at such other times as needed and as convened by the commissioner to confirm or deny decisions made by the commissioner pursuant to the authority granted to the commissioner by this part. (2) The operations committee's approval shall be necessary for all rules, agreements, and policies concerning: (A) Access to the database and how that access is obtained; (B) Dissemination of data and information in the database and control over that data; and (C) The control, sharing, and dissemination of data and information in the database with other states or other entities acting on behalf of a state. (3) The operations committee's approval shall not be necessary for any rules, agreements, or policies that concern the daily operations decisions, which may be delegated to the director of the database, concerning establishing, maintaining, or operating the database. The operations committee shall not set fees. (4) The operations committee may make formal recommendations to the commissioner with respect to any contemplated rulemaking under this part, which does not require its approval. (c) Three (3) voting members of the operations committee shall constitute a quorum for official actions. A majority of those voting members present shall be necessary to approve an action proposed by the commissioner. (d) The operations committee shall not be subject to title 8, chapter 44, part 1, regarding public meetings. (e) (1) Notwithstanding this part to the contrary, the commissioner is authorized to enter into agreements with the federal centers for disease control and prevention (CDC), other states, other governmental entities, or entities acting on behalf of the CDC or such state or governmental entity for the purposes of sharing and disseminating data and information in the database. (2) Any information disseminated pursuant to this subsection (e) shall be for: (A) Analysis of controlled substance prescriptions for public health research or patient care coordination; or (B) Data sharing consistent with the requirements of § 53-10-306 . (3) Before the commissioner executes an agreement with the CDC, another state, another governmental entity, or an entity acting on behalf of the CDC or such state or governmental entity, the agreement must be approved by the operations committee. (4) All agreements entered into by the commissioner subject to this subsection (e) shall be governed by a contract entered into between the two (2) parties. (5) An agreement executed by the commissioner pursuant to this subsection (e) must comply with 42 CFR Part 2 to the extent that the agreement includes information reported to the database by a Part 2 Program.

Legislative History

Amended by 2022 Tenn. Acts, ch. 825, Secs.s13, s14, s15, s16, s17, s18 eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 136, s 10, eff. 4/13/2021.