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SB1790 • 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
Reeves, Davis
Last action
2026-03-19
Official status
Sponsor(s) Added.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how existing policies and practices will be affected.

Act for Fair Pain Treatment in Correctional Facilities

This bill allows Tennessee's Department of Correction to create a list of approved medications (formulary) used in correctional facilities and ensures that non-opioid pain treatments are not treated unfairly compared to opioid drugs.

What This Bill Does

  • Allows the Department of Correction to make or change a formulary for use in prisons and jails operated by or on behalf of the department.
  • Requires this formulary to treat non-opioid pain medications fairly when compared to opioid pain medications.
  • Applies these rules nine months after a non-opioid drug is approved by the FDA for treating pain, regardless if it's reviewed by the department.

Who It Names or Affects

  • People working in Tennessee’s correctional facilities who manage medications.
  • Inmates receiving pain treatment in these facilities.

Terms To Know

Formulary
A list of prescription drugs approved for use within a specific setting, like prisons or jails.
Non-opioid medication
A drug that provides pain relief without using the body's opioid receptors.

Limits and Unknowns

  • The bill does not specify what happens if a non-opioid drug is approved less than nine months before it needs to be on the formulary.
  • It’s unclear how this will affect existing policies and practices in correctional facilities regarding pain management.

Amendments

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

Amendment 1-0 to HB1741

Plain English: The 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 definition for 'non-opioid medication' and requires the Department of Correction to consider these medications fairly when creating drug lists (formularies) for use in prisons.
  • Specifies that non-opioid pain treatments approved by the FDA should not be discouraged or disadvantaged compared to opioid drugs on formularies used within correctional facilities.
  • The amendment does not specify how exactly the Department of Correction will implement these new rules, leaving some details unclear.
Amendment 1-0 to SB1790

Plain English: The 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 include and fairly consider non-opioid pain medications on their list of approved prescription drugs (formulary).
  • Specifies that when creating or updating this formulary, the department must not disadvantage non-opioid medications relative to opioid drugs for treating pain.
  • The amendment does not specify how the department will ensure fair treatment of non-opioid medications in practice.
  • It is unclear what specific actions or criteria the department must follow when adopting or amending a formulary.

Bill History

  1. 2026-04-13 Tennessee General Assembly

    Signed by Governor.

  2. 2026-04-01 Tennessee General Assembly

    Transmitted to Governor for his action.

  3. 2026-03-24 Tennessee General Assembly

    Signed by Senate Speaker

  4. 2026-03-24 Tennessee General Assembly

    Signed by H. Speaker

  5. 2026-03-20 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  6. 2026-03-19 Tennessee General Assembly

    Sponsor(s) Added.

  7. 2026-03-19 Tennessee General Assembly

    Companion House Bill substituted

  8. 2026-03-19 Tennessee General Assembly

    Passed Senate, Ayes 31, Nays 0

  9. 2026-03-19 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0506)

  10. 2026-03-19 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  11. 2026-03-17 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/19/2026

  12. 2026-03-09 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  13. 2026-03-04 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/9/2026

  14. 2026-02-26 Tennessee General Assembly

    Received from House, Passed on First Consideration

  15. 2026-02-25 Tennessee General Assembly

    Sponsor(s) Added.

  16. 2026-02-24 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Judiciary Committee Ayes 9, Nays 0 PNV 0

  17. 2026-02-24 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  18. 2026-02-23 Tennessee General Assembly

    Sponsor(s) Added.

  19. 2026-02-23 Tennessee General Assembly

    Passed H., as am., Ayes 88, Nays 0, PNV 4

  20. 2026-02-23 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0556)

  21. 2026-02-19 Tennessee General Assembly

    H. Placed on Regular Calendar for 2/23/2026

  22. 2026-02-18 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 2/19/2026

  23. 2026-02-17 Tennessee General Assembly

    Placed on Senate Commerce and Labor Committee calendar for 2/24/2026

  24. 2026-02-17 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  25. 2026-02-11 Tennessee General Assembly

    Placed on cal. Insurance Committee for 2/17/2026

  26. 2026-02-11 Tennessee General Assembly

    Rec. for pass by s/c ref. to Insurance Committee

  27. 2026-02-05 Tennessee General Assembly

    Sponsor(s) Added.

  28. 2026-02-04 Tennessee General Assembly

    Placed on s/c cal Insurance Subcommittee for 2/11/2026

  29. 2026-01-22 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Commerce and Labor Committee

  30. 2026-01-22 Tennessee General Assembly

    Assigned to s/c Insurance Subcommittee

  31. 2026-01-22 Tennessee General Assembly

    P2C, ref. to Insurance Committee

  32. 2026-01-21 Tennessee General Assembly

    Introduced, Passed on First Consideration

  33. 2026-01-21 Tennessee General Assembly

    Intro., P1C.

  34. 2026-01-20 Tennessee General Assembly

    Filed for introduction

  35. 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 
HOUSE BILL 1741
By Davis

SENATE BILL 1790
By Reeves
SB1790
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.