Tennessee legislation · 114th General Assembly
Tennessee HB2136: AN ACT to amend Tennessee Code Annotated, Title 39; Title 53; Title 63 and Title 68, relative to medications approved by the federal food and drug administration.
Status: Chaptered, May 26, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary ON APRIL 16, 2026, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2136, AS AMENDED. AMENDMENT #2 makes the following revisions: Removes that if a compound, mixture, or preparation is approved by the United States food and drug administration (FDA) and is designated or scheduled by the federal drug enforcement administration pursuant to federal law and is not scheduled under state law as the approved compound, mixture, or preparation, then that compound, mixture, or preparation is deemed scheduled in the same schedule that the compound, mixture, or preparation is scheduled under the federal schedules of controlled substances. Provides, instead, if no objection is filed by the commissioner of mental health and substance abuse services and the commissioner of health for a substance that is approved by the FDA and designated or scheduled under federal law by a final order published in the Federal Register, then the substance is considered to be in the same schedule as such substance is designated or scheduled under the federal schedule of controlled substances after the expiration of 30 days from the date of publication of the final order. Any such designation or scheduling is effective immediately after the expiration of 30 days from the date of publication of the final order and is not contingent on the annual revision and republishing of schedules pursuant to present law. Removes that the bill does not expand or limit a healthcare prescriber's scope of practice or authorize the prescribing of a drug product in a manner inconsistent with state or federal law.
What the bill says
From the amended text:
House Judiciary 1 Amendment No. 2 to HB2136 Farmer Signature of Sponsor AMEND S e n ate Bill No. 2556 House Bill No. 2136* by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 39-17-403(d), is amended by designating the existing language as subdivision (d)(1) and adding the following as a new subdivision: (2) If no objection is filed under subdivision (d)(1) for a substance that is approved by the United States food and drug administration and designated or scheduled under federal law by a final order published in the Federal Register, then the substance is considered to be in the same schedule as such substance is designated or scheduled under the federal schedule of controlled substances after the expiration of thirty (30) days from the date of publication of the final order. Any such designation or scheduling pursuant to this subdivision (d)(2) is effective immediately after the expiration of thirty (30) days from the date of publication of the final order and is not contingent on the annual revision and republishing of schedules pursuant to subsection (g). SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by adding the following as a new section: (a) Notwithstanding a law to the contrary, a healthcare prescriber licensed under this title who …