HB1741 • 2026

Correction, Dept. of

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.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Davis, Reeves
Last action: 2026-04-13
Official status: Signed by Governor.
Effective date: Not listed

Plain English Breakdown

The official source does not specify that the law applies nine months after a new non-opioid drug is approved by the FDA, but it does apply to drugs approved by the FDA for at least nine months.

Law for Fair Pain Treatment in Prisons

This law allows Tennessee's Department of Correction to create a list of approved pain medications for use in prisons and ensures that non-opioid drugs are treated fairly compared to opioid drugs.

What This Bill Does

Allows the Department of Correction to make a list of allowed pain medicines (called a formulary) for prisoners.
Requires this list to treat non-opioid pain medicines equally with or better than opioid pain medicines, without discouraging their use.

Who It Names or Affects

Prisoners in Tennessee correctional facilities
The Department of Correction and its staff

Terms To Know

Formulary: A list of prescription drugs approved for use within a specific setting, like prisons.
Non-opioid medication: A drug that helps with pain without using opioid receptors in the body.

Limits and Unknowns

The law does not specify what happens if non-opioid drugs are preferred over opioids.
It is unclear how this will affect existing policies and practices before January 1, 2027.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA0556

Amendment 1-0 to HB1741

Plain English: This amendment adds new rules to ensure that non-opioid pain medications are not unfairly treated compared to opioid drugs in Tennessee's correctional facilities.

Adds a new section to Title 41 of the Tennessee Code Annotated, which requires the Department of Correction to maintain a formulary (list) of approved prescription drugs for use within correctional facilities.
Ensures that non-opioid medications approved by the FDA are not disadvantaged or discouraged compared to opioid drugs when it comes to coverage and treatment in these facilities.

The amendment does not specify how the department will ensure fair treatment of non-opioid medications, leaving some details unclear.

SA0506

Amendment 1-0 to SB1790

Plain English: This amendment adds new rules to ensure that non-opioid pain medications are not unfairly treated compared to opioid drugs in Tennessee's correctional facilities.

Adds a new section to Title 41 of the Tennessee Code Annotated, which requires the Department of Correction to maintain a formulary (list) of approved prescription drugs for use within correctional facilities.
Ensures that non-opioid medications approved by the FDA are not disadvantaged or discouraged compared to opioid medications when it comes to coverage and treatment in these facilities.

The amendment does not specify how the department will ensure fair treatment of non-opioid medications, leaving some details unclear.

Bill History

2026-04-13 Tennessee General Assembly
Signed by Governor.
2026-04-01 Tennessee General Assembly
Transmitted to Governor for his action.
2026-03-24 Tennessee General Assembly
Signed by Senate Speaker
2026-03-24 Tennessee General Assembly
Signed by H. Speaker
2026-03-20 Tennessee General Assembly
Enrolled; ready for sig. of H. Speaker.
2026-03-19 Tennessee General Assembly
Passed Senate, Ayes 31, Nays 0
2026-03-19 Tennessee General Assembly
Amendment withdrawn. (Amendment 1 - SA0506)
2026-03-19 Tennessee General Assembly
Senate substituted House Bill for companion Senate Bill.
2026-03-19 Tennessee General Assembly
Sponsor(s) Added.
2026-03-19 Tennessee General Assembly
Companion House Bill substituted
2026-03-17 Tennessee General Assembly
Placed on Senate Regular Calendar for 3/19/2026
2026-03-09 Tennessee General Assembly
Recommended for passage, refer to Senate Calendar Committee
2026-03-04 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/9/2026
2026-02-26 Tennessee General Assembly
Received from House, Passed on First Consideration
2026-02-25 Tennessee General Assembly
Sponsor(s) Added.
2026-02-24 Tennessee General Assembly
Engrossed; ready for transmission to Sen.
2026-02-24 Tennessee General Assembly
Recommended for passage with amendment/s, refer to Senate Judiciary Committee Ayes 9, Nays 0 PNV 0
2026-02-23 Tennessee General Assembly
Sponsor(s) Added.
2026-02-23 Tennessee General Assembly
Passed H., as am., Ayes 88, Nays 0, PNV 4
2026-02-23 Tennessee General Assembly
H. adopted am. (Amendment 1 - HA0556)
2026-02-19 Tennessee General Assembly
H. Placed on Regular Calendar for 2/23/2026
2026-02-18 Tennessee General Assembly
Placed on cal. Calendar & Rules Committee for 2/19/2026
2026-02-17 Tennessee General Assembly
Rec. for pass. if am., ref. to Calendar & Rules Committee
2026-02-17 Tennessee General Assembly
Placed on Senate Commerce and Labor Committee calendar for 2/24/2026
2026-02-11 Tennessee General Assembly
Placed on cal. Insurance Committee for 2/17/2026
2026-02-11 Tennessee General Assembly
Rec. for pass by s/c ref. to Insurance Committee
2026-02-05 Tennessee General Assembly
Sponsor(s) Added.
2026-02-04 Tennessee General Assembly
Placed on s/c cal Insurance Subcommittee for 2/11/2026
2026-01-22 Tennessee General Assembly
Assigned to s/c Insurance Subcommittee
2026-01-22 Tennessee General Assembly
P2C, ref. to Insurance Committee
2026-01-22 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Commerce and Labor Committee
2026-01-21 Tennessee General Assembly
Intro., P1C.
2026-01-21 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-20 Tennessee General Assembly
Filed for introduction
2026-01-20 Tennessee General Assembly
Filed for introduction

Official Summary Text

For purposes of offering an insurance policy covering inmates, as of January 1, 2027, this bill generally authorizes an insurer to adopt or amend a preferred drug list (PDL). In establishing and maintaining the PDL, the insurer must ensure that a non-op
ioid drug 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
P
DL. However, these provisions do 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.

This bill applies to a non-opioid drug after it has been approved by the United States food and drug administration for a period of nine months or longer for the treatment or management of pain, regardless of whether the drug has been reviewed by the ins
urer for inclusion on the PDL. This bill also applies to drugs being provided under a contract between the insurer and a pharmacy benefits manager for purposes of an insurance policy.

ON FEBRUARY 23, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1741, AS AMENDED.

AMENDMENT #1, rewrites the bill to, instead, authorize the department of correction ("department") to adopt or amend a formulary for use in the correctional facilities operated by or on behalf of the department. However, in establishing and maintaining
such a formulary, the department must ensure that a non-opioid medication 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. As used in this amendm
en
t, a "formulary" means a list of prescription drugs approved for use within correctional facilities operated by or on behalf of the department.

Current Bill Text

Read the full stored bill text

SENATE BILL 1790
By Reeves

HOUSE BILL 1741
By Davis
HB1741
011195
- 1 -

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) "Healthcare prescriber" means a prescriber as defined in § 53-10-
203;
(2) "Insurance policy" means a group or individual insurance plan or
policy offered through this state or a local government, a private insurance
company, a healthcare corporation, a health management organization,
TennCare, or other plan or policy that provides medical or pharmaceutical
coverage to inmates incarcerated in this state;
(3) "Insurer" means an entity that offers an insurance policy; and
(4) "Non-opioid medication" means a drug or biological product that is
indicated to produce analgesia without acting on the body's opioid receptors.
(b) Except as otherwise provided in this section, an insurer, for purposes of
offering an insurance policy, may adopt or amend a preferred drug list (PDL).
(c)
(1) In establishing and maintaining the PDL, the insurer 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

- 2 - 011195

discouraged with respect to coverage relative to an opioid or narcotic drug for the
treatment or management of pain on the PDL.
(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 a period of nine (9) months or longer
for the treatment or management of pain, regardless of whether the drug has been
reviewed by the insurer for inclusion on the PDL. This section also applies to drugs
being provided under a contract between the insurer and a pharmacy benefits manager
for purposes of an insurance policy.
SECTION 2. This act takes effect January 1, 2027, the public welfare requiring it.