Requirements for High-Risk Prescribers under Tenn. Code Ann. §§ 68-1-128(c)(3)(A)–(D) - Articles

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Requirements for High-Risk Prescribers under Tenn. Code Ann. §§ 68-1-128(c)(3)(A)–(D)

Posted by: Azya Thornton on Jan 27, 2025

Court: TN Attorney General Opinions

Hearing Date: 01/03/2025

Opinion Number: 1

Question: Tennessee Code Annotated § 68-1-128(c) requires the Tennessee Department of Health to identify high-risk prescribers of controlled substances. Once identified by the Department, Tenn. Code Ann. § 68-l-128(c)(3) requires the Department to forward the prescriber’s information to the appropriate licensing board. The statute states that the licensing board “shall notify the prescriber” of his or her high-risk status and “as applicable, require the prescriber to” undertake a series of remedial steps defined in Tenn. Code Ann. §§ 68-1-128(c)(3)(A)–(D). Are those remedial steps optional or required?

Opinion: The remedial steps set out in Tenn. Code Ann. §§ 68-1-128(c)(3)(A)–(D) are required, if relevant to the prescriber’s practice. They are not optional.

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