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HB 398

Public Health - As introduced, increases, from 30 to 45, the number of days a licensing board has to respond to the department of health after the department has inquired about the status of an action or lack of action taken against a prescriber whose prescribing patterns of controlled substances have been identified as representing a statistical outlier, or if the prescriber is identified as a top prescriber or a high-risk prescriber. - Amends TCA Title 4; Title 29; Title 33; Title 56; Title 63; Title 68 and Title 71.

114th Regular Session (2025-2026) Introduced by Brock Martin and 1 co-sponsor

HB 398 extends Tennessee licensing boards' response deadline to state health inquiries about high-risk controlled substance prescribers from 30 to 45 days, potentially slowing enforcement action against problematic prescribing patterns.

Comp. SB subst.
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Bill Summary · HB 398

Legislative bill overview

HB 398 extends the response deadline for Tennessee licensing boards from 30 to 45 days when the Department of Health inquires about enforcement actions against prescribers identified as statistical outliers, top prescribers, or high-risk prescribers of controlled substances. The bill modifies multiple Tennessee Code Annotated titles to implement this 15-day extension uniformly across relevant licensing boards.

Why is this important

Controlled substance prescribing oversight directly affects public health by helping prevent prescription drug abuse and addiction. The response timeline determines how quickly potential overprescribing can be investigated and addressed, making the deadline length consequential for patient safety and opioid crisis mitigation efforts.

Potential points of contention

  • Enforcement speed vs. board burden: Critics may argue the 15-day extension slows intervention against problematic prescribers, while proponents may contend boards need additional time for thorough investigation and compliance with procedural requirements.
  • Inconsistent messaging on drug policy: The change occurs amid national efforts to address opioid overprescribing, potentially signaling reduced priority for rapid enforcement of high-risk prescriber oversight.
  • Scope of amendments: The bill modifies seven Tennessee Code titles without clear explanation of why such broad legislative changes are necessary for a single deadline adjustment.

Compiled from official sources — confirm details with the bill’s official record.

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