Tennessee House Bill HB1783

Tennessee 2023-2024 Regular Session

• Introduced: 1/9/24
• Refer: 1/11/24
• Refer: 3/25/24
• Chaptered: 5/9/24
• Passed: 5/9/24

Caption

AN ACT relative to agency rules scheduled to expire pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.

Impact

The implications of HB 1783 are significant for state governance as it preserves certain agency rules that govern essential regulatory procedures. By extending the life of these regulations, the bill seeks to ensure continuity in administrative processes and may help agencies maintain their operational functions without the risk of sudden regulatory gaps. This continuity is particularly important for sectors relying on stable regulatory frameworks, such as public health and safety.

Summary

House Bill 1783 addresses the expiration of agency rules under the Tennessee Uniform Administrative Procedures Act. Specifically, the bill stipulates that all permanent rules filed on or after January 1, 2023, that are set to expire on June 30, 2024, will remain in effect until they are either repealed or amended by the appropriate rulemaking agency or overridden by subsequent legislative action. This provision aims to provide stability for these rules and prevent disruptions that may arise from their expiration.

Sentiment

The sentiment surrounding HB 1783 appears to be mixed, as stakeholders weigh the benefits of regulatory stability against concerns about accountability in agency rulemaking. Proponents argue that the bill is necessary to prevent rule expiration from causing confusion and potential harm to public welfare, particularly in areas such as pharmacy practice regulation. However, critics may express concerns that extending the lifespan of these regulations without rigorous review could lead to outdated rules remaining in place longer than necessary.

Contention

Notably, there has been contention regarding specific rules affected by this bill, particularly those related to pharmacy practices. The bill explicitly states that certain rules, such as those concerning sterile product preparation, will not be grandfathered in and will expire as scheduled. This detail highlights the delicate balance the bill attempts to strike between preserving regulatory efficiency and ensuring that agencies can still modify rules in response to changing needs or new information.