Tennessee § 53-10-311 - Establishment of operations committee — Agreements with federal government and other jurisdictions for sharing and dissemination of data and information.

§ 53-10-311. Establishment of operations committee — Agreements with federal government and other jurisdictions for sharing and dissemination of data and information.

There is created an operations committee. The committee shall be composed of: The board of medical examiners' medical director for special projects; An epidemiologist employed by the department of health; The executive director of the board of pharmacy; The director of the controlled substance database; A member of the controlled substance database committee; The executive director of the board of nursing as an ex officio non-voting member; and The executive director of the board of medical examiners as an ex officio non-voting member. The commissioner shall have the duty to convene the operations committee at least annually and request approval by that committee of actions taken under the authority granted by this part prior to those actions becoming final. The operations committee shall meet at such other times as needed and as convened by the commissioner to confirm or deny decisions made by the commissioner pursuant to the authority granted to the commissioner by this part. The operations committee's approval shall be necessary for all rules, agreements, and policies concerning: Access to the database and how that access is obtained; Dissemination of data and information in the database and control over that data; and The control, sharing, and dissemination of data and information in the database with other states or other entities acting on behalf of a state. The operations committee's approval shall not be necessary for any rules, agreements, or policies that concern the daily operations decisions, which may be delegated to the director of the database, concerning establishing, maintaining, or operating the database. The operations committee shall not set fees. The operations committee may make formal recommendations to the commissioner with respect to any contemplated rulemaking under this part, which does not require its approval. Three (3) voting members of the operations committee shall constitute a quorum for official actions. A majority of those voting members present shall be necessary to approve an action proposed by the commissioner. The operations committee shall not be subject to title 8, chapter 44, part 1, regarding public meetings. Notwithstanding this part to the contrary, the commissioner is authorized to enter into agreements with the federal centers for disease control and prevention (CDC), other states, or other entities acting on behalf of a state for the purposes of sharing and dissemination of data and information in the database. Any information disseminated pursuant to this subsection (e) shall be for: Analysis of controlled substance prescriptions for public health research by other state or federal entities charged with protecting the public health; or Interstate data sharing; provided, the sharing shall only be consistent with the requirements of § 53-10-306. The commissioner shall have any agreements that the commissioner enters into with the CDC, other states, or other entities acting on behalf of a state or federal government, approved by the operations committee prior to that agreement becoming final. All agreements entered into by the commissioner subject to this subsection (e) shall be governed by a contract entered into between the two (2) parties. Acts 2016, ch. 1002, § 11. Compiler's Notes. Former part 3, §§ 53-10-301 — 53-10-312 (Acts 2002, ch. 840, § 1; 2004, ch. 673, §§ 24-27; 2005, ch. 474, § 7; 2007, ch. 498, §§ 1-3; 2007, ch. 518, §§ 1-4; 2008, ch. 914, § 1; Acts 2009, ch. 228, § 1; 2011, ch. 310, §§ 1-5; 2012, ch. 575, § 1; 2012, ch. 880, §§ 1-21; 2012, ch. 915, § 1; 2012, ch. 924, §§ 1-5; 2013, ch. 236, § 50; 2013, ch. 430, §§ 3, 5, 6, 15; 2014, ch. 622, §§ 1, 2; 2014, ch. 791, §§ 1-6; 2014, ch. 983, § 2; 2014, ch. 1011, §§ 1, 2), concerning the Tennessee Prescription Safety Act of 2012, was repealed and reenacted by Acts 2016, ch. 1002, §§ 1-12, effective April 27, 2016. Acts 2016, ch. 1002, § 16 provided that notwithstanding this act or the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, any rule promulgated to implement the provisions of this act shall be provided to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate by the secretary of state, after approval by the attorney general and reporter, at the same time the text of the rule is made available to the government operations committees of the senate and the house of representatives for purposes of conducting the review required by § 4-5-226 in order for the health committee of the house of representatives and the health and welfare committee of the senate to be afforded the opportunity to comment on the rule. Effective Dates. Acts 2016, ch. 1002, § 17. April 27, 2016.