As of June 15, 2019, Tennessee passed HB 389 and SB 312 which adjusts the Tennessee voluntary prescription law. The updated statute allows employers to adopt drug testing practices that limits the timeframe for a prescription to six months within the date of an applicant or employee’s drug test. The optional provision states that a Medical Review Officer (MRO) who is reviewing a prescription following a confirmed positive drug test result can only consider a prescription that was issued in the previous six months as “valid”. Typically, Tennessee’s voluntary laws closely align with the Department of Transportation (DOT) 49 CFR Part 40 (Part 40) which does not give a set length of time for MROs to determine a “valid” prescription when overturning a non-negative/positive test result. However, Tennessee strays from that pattern in the new law and the MRO’s standard takes another approach as outlined below.