Tennessee Senate Bill SB1790

Tennessee 2025-2026 Regular Session

• Introduced: 1/20/26
• Chaptered: 4/23/26
• Passed: 4/23/26

Caption

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.

Summary

SB1790 creates a new rule for the Tennessee Department of Correction’s drug formulary used in correctional facilities. The bill authorizes the department to adopt or amend a formulary and requires that FDA-approved non-opioid pain medications not be disadvantaged or discouraged in coverage compared with opioid or narcotic pain drugs. It also clarifies that the department may still prefer one opioid over another, or one non-opioid over another, so long as non-opioids are not treated less favorably simply because they are non-opioid. The bill applies to non-opioid medications once they are FDA-approved for pain treatment or management, even if the department has not separately reviewed them for formulary inclusion. It also extends to medications provided through healthcare vendor contracts serving correctional facilities. The act takes effect January 1, 2027, and amends Tennessee Code Annotated in Title 41, which governs correctional institutions and inmates, while also touching broader health and controlled-substance-related titles referenced in the caption.

Impact

The bill primarily affects the Department of Correction’s authority over medication coverage and prescribing policy in state correctional facilities. It creates a statutory requirement that non-opioid pain treatments receive neutral treatment on the formulary relative to opioids, which may influence procurement, vendor contracts, and clinical decision-making in prisons and jails operated by or on behalf of the department. Although the caption references multiple titles, the operative change is centered in Title 41 and the correctional healthcare system.

Sentiment

The available committee votes show strong support and no recorded opposition, with both committees recommending passage unanimously or near-unanimously. The bill appears to have been viewed favorably as a correctional healthcare and opioid-alternative policy measure, with no committee transcript evidence of controversy provided. Overall sentiment is positive and procedural rather than contentious.

Contention

The main policy issue is not whether the department may use opioids, but whether FDA-approved non-opioid pain medications must be treated fairly in the formulary relative to opioid or narcotic options. Any concern would likely come from balancing medical discretion, formulary management, and cost or security considerations in correctional settings against the goal of avoiding opioid preference. The bill expressly preserves the ability to prefer among drugs within the same class, which may have been intended to address concerns about limiting clinical flexibility.