§ 71-5-2401 — Establishment - Members - Recommendations concerning drugs on auto-exemptions list

Tennessee § 71-5-2401

• Jurisdiction: Tennessee
• Title: 71

Text

(a) There is established in the department of finance and administration a state TennCare pharmacy advisory committee. The committee shall make recommendations regarding a preferred drug list (PDL) to govern all state expenditures for prescription drugs for the TennCare program. (b) (1) The state TennCare pharmacy advisory committee shall be composed of fifteen (15) members. Except for initial appointments, members shall be appointed to three-year terms. (2) Appointments by the governor shall be made as follows: (A) One (1) practicing psychiatrist who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested psychiatric groups, including, but not limited to, the Tennessee Psychiatric Association. The initial appointee shall serve a three-year term; (B) One (1) practicing nurse practitioner or physician assistant who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested nursing or physician assistant groups, including, but not limited to, the Tennessee Nurses Association or the Tennessee Academy of Physician Assistants. The initial appointee shall serve a one-year term; (C) One (1) practicing physician who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested geriatric groups, including, but not limited to, the Tennessee Geriatric Society and the Tennessee Chapter of the American Association of Retired Persons, and who is a gerontologist or whose practice otherwise is primarily among the aged. The initial appointee shall serve a two-year term; (D) One (1) practicing pediatrician who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested pediatric groups, including, but not limited to, the Tennessee Chapter of the American Academy of Pediatrics. The initial appointee shall serve a one-year term; (E) One (1) family practitioner who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested family physician groups, including, but not limited to, the Tennessee Academy of Family Physicians. The initial appointee shall serve a two-year term; (F) One (1) practicing cardiologist who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested cardiology groups, including, but not limited to, the Tennessee Chapter of the American College of Cardiology. The initial appointee shall serve a three-year term; (G) One (1) practicing pharmacist who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested chain drug groups, including, but not limited to, the Tennessee Chain Drug Council. The initial appointee shall serve a one-year term; (H) One (1) pharmacy director from a managed care organization participating in the TennCare program. The initial appointee shall serve a two-year term; and (I) One (1) member of an organization engaged in advocacy on behalf of members of the TennCare program. The initial appointee shall serve a three-year term. (3) Appointments by the speaker of the senate shall be made as follows: (A) One (1) general internist who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested medical groups, including, but not limited to, the Tennessee Medical Association. The initial appointee shall serve a three-year term; and (B) One (1) practicing pharmacist who is engaged in the retail distribution of prescription drugs and who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested pharmacist groups, including, but not limited to, the Tennessee Pharmacists Association. The initial appointee shall serve a two-year term. (4) Appointments by the speaker of the house of representatives shall be made as follows: (A) One (1) general internist who participates in the TennCare program from a list of all general internists provided by interested medical groups, including, but not limited to, the Tennessee Chapter of the American College of Physicians. The initial appointee shall serve a one-year term; and (B) One (1) practicing pharmacist who is engaged in the distribution of prescription drugs in the nursing home industry and who participates in the TennCare program, who may be appointed from lists of qualified persons submitted by interested pharmacist groups, including, but not limited to, the Tennessee Pharmacists Association. The initial appointee shall serve a three-year term. (5) The pharmacy director and medical director of TennCare; the chair of the health committee of the house of representatives, or the chair's designee; and the chair of the health and welfare committee of the senate, or the chair's designee shall serve as ex officio members of the state TennCare pharmacy advisory committee. (c) The appointing authorities shall consult with the interested groups listed in subsection (b) to determine qualified persons to fill the positions. (d) In making appointments to the committee, the appointing authorities shall strive to ensure the committee's membership is representative of the state's geographic and demographic composition with appropriate attention to the representation of women and minorities. (e) The governor shall appoint a chair and vice chair of the committee, whose terms shall expire on December 31 of the year in which they are appointed or upon the appointment of their successors by the governor, whichever is later. (f) (1) The chair of the committee shall call meetings of the committee and shall preside at all regular and special meetings of the committee, appoint members to any subcommittees established by the committee, prepare agendas with the assistance of the pharmacy director and the medical director of TennCare, and notify members of their removal from the committee. (2) The vice chair shall exercise all powers of the chair in the event of the absence or inability of the chair to serve and shall perform other duties as the chair may assign to the vice chair. (g) Committee meetings shall follow Robert's Revised Rules of Order. (h) Committee meetings shall be subject to title 8, chapter 44; provided, however, that notice of meetings and the agenda for the meetings shall be made available to the public not less than ten (10) days prior to any meeting of the committee. (i) Committee decisions shall be made based on affirmative votes of the majority of members present at official meetings. (j) The committee shall keep minutes of all meetings including votes on all recommendations regarding drugs to be included on the state preferred drug list. (k) A quorum shall be established by the presence of eight (8) committee members present at an official meeting. (l) The chair may request that other physicians, pharmacists, faculty members of institutions of higher learning, or medical experts who participate in various subspecialties act as consultants to the committee as needed. (m) Vacancies shall be filled by the appropriate appointing authority in the same manner as full terms for the remainder of the unexpired term. (n) (1) The TennCare pharmacy advisory committee shall have recommendation authority over any new proposed deletions or additions to drugs currently on the TennCare bureau's auto-exemption list. It is the legislative intent that, insofar as practical, the TennCare bureau shall have the benefit of the committee's recommendations prior to deleting or adding a drug from the auto-exemption list. (2) The pharmacy advisory committee shall establish a special review subcommittee comprised of practicing medical specialists and medical faculty members of institutions of higher learning with expertise in the usage and prescribing of the medications under review to provide expert advice on the new proposed changes. The subcommittee shall be appointed by the chairman in consultation with members of the pharmacy advisory committee. (3) Meetings of the special review subcommittee established pursuant to this subsection (n) shall meet the requirements of the state's open meetings law, compiled in title 8, chapter 44, and documents relating to any recommendations made by the subcommittee to limit access to a medication or biological under review shall be available under the open records law. Members of the public attending the meeting shall be granted the opportunity to comment on information presented prior to the subcommittee making its final recommendation.

Legislative History

Amended by 2016 Tenn. Acts, ch. 1079, s 7, eff. 7/1/2016. Acts 2003 , ch. 350, § 1; 2005, ch. 153, §§ 1, 2; 2009 , ch. 509, § 1; 2012 , ch. 699, §§ 3, 4; 2012 , ch. 825, § 1.