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TN SB2040
Bill
Status
1/22/2026
Primary Sponsor
Robert Harshbarger
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AI Summary
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Prohibits pharmacy benefits managers (PBMs) from owning, controlling, or holding any beneficial interest in pharmacies in Tennessee, effective January 1, 2027, including through management contracts, revenue-sharing agreements, or other indirect arrangements
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Requires all pharmacy license applicants and holders to file annual verified disclosures identifying owners with 5% or more interest, affiliated entities providing services, and any agreements giving PBMs authority to influence operations
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Creates a limited-use pharmacy license exception for rare, orphan, or FDA-designated limited-distribution drugs otherwise unavailable in the state, with annual board review and automatic repeal on September 1, 2028
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Establishes enforcement penalties of up to $10,000 per day for violations, authorizes the Board of Pharmacy to seek injunctive relief and issue subpoenas, and requires annual public reporting on enforcement actions beginning January 15, 2028
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Mandates PBM-affiliated pharmacies notify patients and prescribers by November 1, 2026 of potential closure, with operations permitted through December 31, 2026 if actively pursuing sale to an unaffiliated entity (with possible 6-month extension)
Legislative Description
AN ACT to amend Tennessee Code Annotated, Title 63, relative to the ownership or control of pharmacies by pharmacy benefits managers.
Pharmacy, Pharmacists
Last Action
Placed on Senate Finance, Ways, and Means Committee calendar for 3/17/2026
3/10/2026