NEWS – Page 3

Rep. Bryan Terry Tackles Transparency and Drug Pricing

April 30, 2018 By Admin

MURFREESBORO, April 30, 2018- Rep. Terry Tackles Transparency and Drug Pricing

With prescription drug prices and health care costs on the rise, Rep. Bryan Terry, MD(R-Murfreesboro) tackled the problem head on during the 110th General Assembly with various measures aimed at transparency and pro-rating copayments. As part of his agenda, President Donald Trump has focused on prescription drug prices, and Rep. Terry led Tennessee in taking several steps to help cut costs for patients.

The lack of transparency and competition in prescription drug pricing have contributed to an environment where costs of medications have skyrocketed. President Trump mentioned the problems in his State of the Union address and his Council of Economic Advisors(CEA) found that the lack of transparency is hurting the consumer. At the center of this issue is a controversial contractual measure applied by Pharmacy Benefit Managers(PBM) to prohibit pharmacists from telling patients that their medication may be cheaper if they pay cash. The “Pharmacy Gag Clause”, as it is known in the industry, has often led to patients and their employers paying a significant greater amount for their prescriptions while the PBM’s receive a cut from the overpayment known as a clawback.

“Patients and employers should be irate that this practice even existed,” explained Rep. Terry. “I co-sponsored and amended a bill(HB 2219) that removed the gag clause to ensure that patients will have the right to know that they can pay a cheaper price.”

Rep. Terry didn’t stop there, though. At the center of Governor Haslam’s TN Together opioid legislation is a concept called partial filling of prescriptions or as Dr. Terry calls it “Patient Tailored Dispensing”. Rep. Terry was the architect behind amending the TN Together Plan to ensure patients weren’t going to over pay for prescriptions.

“The original bill placed multiple hardships on patients and providers including multiple copayments and trips to the doctor just to have pain treated which, to me, was unacceptable,” described Terry. “With the support of Speaker Harwell, I worked with the Governor and his staff, as well as Senator Haile, on language that decreases the burden and costs for patients while ensuring that we, also, decrease unnecessary opioids in medical cabinets and on the street.”

On the last day of session, Terry amended his own legislation, HB 2440, to ensure patients would only pay a prorated amount of their copayments and cost sharing for their prescriptions on controlled substances. Though TN Together authorized patient tailored dispensing, it was Terry’s legislation that protected patients from the extra burden of multiple full payments.

“I’m proud to have led in this fight in standing up for patients to improve transparency and cut prescription costs, but there is still more that needs to be done,” concluded Terry. “I look forward to continuing to address these issues to improve patient care.”

Rep. Bryan Terry, MD is the Chairman of the House Health Subcommittee and, also, serves on the full Health and Civil Justice Committees. He can be reached at rep.Bryan.Terry@Capitol.TN.Gov or at 615-741-2180.

Bryan Terry Takes TN-Ready To Task: “The Tests Aren’t Valid”

April 25, 2018 By Admin

MURFREESBORO, April, 2018– Folks, as many of you now know, there was another debacle related to TN Ready, the statewide testing assessment. This past week, many members, including myself, took the lead in protecting students, teachers, and schools from adverse effects of the invalid assessments. Despite our efforts to hold these students, teachers and schools harmless for the failures of the system, one should know that there were and still are forces out there against these protective measures. They are for forging ahead without any track record of reliability or validity in the system and for preventing further protections from the errors in the system.

Where we were in education as a state and where we are now does lead credence to the fact that we have made some positive strides. But, unfortunately, many of those who point towards the successes have turned a blind eye to the setbacks, drawbacks, and failures of the system. Leadership is about determining our values and goals, looking towards the past to learn and build, then make choices for the future to best achieve the goals. Failed leadership is assigning blame and refusing to accept responsibility while pushing forward without adapting to address the mistakes of the past.

The current philosophy of the system is to set high Tennessee specific education standards, then to assess on a yearly basis how well our students have learned the standards. In addition, there is the belief that accountability measures for students, teacher, and schools should not only improve outcomes, but improve the validity of the assessments. Whether one agrees with the philosophy or not is another debate, but coinciding with this philosophy, Tennessee has shown growth in our educational scores. However, one must question which parts of the philosophy have had the most impact, which parts have failed, and what are any unintended or negative consequences of such a philosophy.

Every year since I have been in office, I have looked to address the failures and shortcomings of the system while making improvements for the betterment of students and teachers. Having a fair, consistent, and valid system that improves our education outcomes is as important as ensuring morale and confidence in the system improves, as well.

I have been leading and will continue to lead in this area. It was my amendment which provided legislative intent to rescind Common Core standards and provided the General Assembly with confirmation powers over the standards committee. It was me who brought the confirmation appointments to a halt when it was determined that these individuals weren’t being vetted properly.

Last summer, I spoke with a representative for some teachers in Rutherford County to discuss the results of the TN Ready assessment. From my perspective, the results were statistically impossible, yet teachers were being punished. Based on that discussion, an investigation ensued and it was determined that roughly 10,000 tests were mis-scored including those in Rutherford County. Following that, I was able to bring Commissioner McQueen to an education round table involving our Rutherford County delegation and Rutherford County and Murfreesboro City School Boards to discuss the philosophy, as well as the past, present and future of education. Subsequent to the discussion, the Tennessee Department of Education (TDOE) provided me with a document surrounding the validity of the TN Ready assessments.

As many of you may know, I have been harping on the problems with validity in the system and that the state should have a reliable testing system prior to applying accountability measures to students, teachers, and schools. The failure of the TDOE to produce a reliable and valid assessment all the while imposing accountability measures has led to poor morale and anxiety within the education system. Until this is addressed, we will continue to see an exodus of good teachers and an uprising of students, parents, local education officials, and legislators like me.

Consequences of testing(holding students, teachers, school accountable) is a measure of evidence for validity and does or will improve the validity of the entire system. However, the other forms of evidence for validity which are test content, response processes, internal structure, and relation to other variables need to be proven prior to adding in consequences of testing. Unfortunately, that is not the philosophy of many in the position to make changes. Tennessee needs to have an actual error proof baseline of one or two years before enacting any accountability measures. The fact that we just passed a “hold-harmless” measure leads proof that our General Assembly believes the tests are invalid despite the position of the TDOE.

I am of the opinion that without a known valid baseline for comparison(relation to a known variable, response processes), that the data shouldn’t be used. Since there have been glitches and mistakes for several years, there isn’t a valid baseline. In their own report to me on validity, the TDOE pointed out that usability is a response processes that is vital to validity. Understanding that students and teachers are having problems with the platform and directions should provide evidence that the response processes for TN Ready isn’t valid. Add in that the testing problems provides proof that there isn’t consistency in the testing which invalidates relation to known variables, and you have an invalid test.

The bottom line is that if the conditions of a test are flawed, then the results of the tests are flawed. For example, if you have a free throw shooting contest, but player A shoots in a gym and player B shoots at an outside park with 30 mph winds, you can’t compare the accuracy between both shooters because conditions are different. And you can’t punish player B’s coach because he makes less free throws.

To further use the basketball analogy, we all want Tennessee students to be the best basketball players(student scores) in the country, and we want our teachers to be the best coaches and our schools to be the best teams. Providing high standards like shooting, rebound, dribbling and defensive skills while understanding team based philosophies like trapping, pressing, man to man, zones, high/ low schemes, and offensive shot selection improves outcomes compares to basic standards like “shoot if you’re open” or “stay between your man and the goal”. Additionally, providing the proper and enough equipment including basketballs, goals, and nets in an environment conducive to practicing or playing, improves the chances that the final product succeeds.

However, providing students and teachers with deflated balls while asking them to play on goals that aren’t consistently 10 feet and expecting the results of the Golden State Warriors isn’t fair to students, parents, teachers or schools. Before we take the accountability step, shouldn’t the state at least have some reliability, consistency, and validity in the system?

UPDATE

As an update to the TN Ready debacle, on the last night of Session, the House stood in unison to protect our teachers from the invalid assessments. Last week, we had passed legislation that had been supported by the TEA to hold students, teachers, and schools harmless for the scores from this year’s TN Ready testing due to multiple problems. As part of that measure, I insisted that it apply to all teachers including those using paper testing because there had been multiple problems with both online and paper tests.

However, earlier in the week, Commissioner McQueen declared. “TNReady data from 2017-18 will count for 10% of a teacher’s overall evaluation score. The legislation passed by the General Assembly last week ensures that this 10% cannot be used in making termination or compensation decisions.” While holding teachers harmless in termination and compensation decisions for an invalid test is a goal, the implication that a teacher could still have invalid measures used in an evaluation or other adverse ways was unacceptable. More action needed to be taken and we took charge.

Last night, after hours of negotiations and heated debate, we passed an amendment on HB 75 that said that “No Adverse Actions” can be taken against students, teachers, schools, or LEAs for the 2017-18 TN Ready assessments. That phrase was vital to the amendment as using invalid tests on an evaluation to go into a teacher’s file is an adverse action.

Teachers who may benefit from the assessments may include the assessment in their evaluations or they may use their qualitative observations to count for 60% instead of 50% of their evaluations. Students or schools who may benefit may use their scores if they benefit them, as well.

Applying yearly patches to address either a failed system or failed implementation of a system is not serving students, teachers, nor taxpayers in a sensible capacity. Under the given circumstances, this amendment may have been the best feasible option for the year, but having eight months until the 111th session begins should give the next administration and General Assembly the opportunity to present a long term solution.

Just my two cents,

Rep. Bryan Terry

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Rep. Bryan Terry and Sen. Mark Green Aim to Block In-State Tuition for Illegal Aliens

March 19, 2018 By Admin

NASHVILLE, March 19, 2018– While others are looking to pass in-state tuition for illegal immigrants, Representative Bryan Terry (R-Murfreesboro) and Senator Mark Green (R-Clarksville) are fighting against it with their own bill, HB 2101/SB 2031, which is set to be heard this week in the House and Senate Education Committees.

Current federal law defines post secondary education assistance from state funds as a state benefit. Illegal immigrants are prohibited from receiving a state benefit unless a state explicitly defines an exclusion. Current state law references the federal code, but does not codify post secondary assistance as a state benefit. Senator Green and Representative Terry are looking to clearly define that in-state tuition is a “state or local benefit” which will reaffirm that illegal immigrants are not eligible for in-state tuition in Tennessee.

“Tennesseans have made it abundantly clear that they do not want their tax dollars to subsidize college tuition for those who are in our country illegally,” Green stated. “Families across our state are struggling with the ever-rising costs of tuition, and the last thing they want to see is their tax dollars being used to pay tuition for illegal aliens.”

“In-state tuition only covers between 25-75 percent of the cost to provide the college education. Taxpayer funds support the rest. That is clearly a state benefit,” explained Terry. “Any attempt to exclude post secondary assistance in the definition of a state benefit is contrary to the facts and our bill will ensure taxpayers are protected.”

Though not specifically mentioned, Representative Terry’s comments allude to the current effort by other lawmakers to provide in-state tuition for illegal immigrants. That bill, HB 2429/ SB 2263, attempts to subvert federal and state law by exempting post secondary assistance from the definition of a state benefit.

(d) The exemption from paying the out-of-state tuition in this section affirmatively satisfies the express eligibility requirement of 8 U.S.C. § 1621(d).

“There are U.S. citizens who live out of state, but pay business or property taxes in Tennessee. They still must pay out of state tuition,” continued Terry. “We shouldn’t be incentivizing illegal immigrants to take advantage of Tennessee taxpayers when we don’t even provide a courtesy to Americans who are investing in our state.”

“It’s particularly outrageous for illegal aliens to receive in-state tuition while the child of an American veteran who lives in another state has to pay the full cost of tuition to attend our colleges and universities. As President Trump has made clear, it’s time to put America first,” concluded Green.

The bill is set to be heard on Tuesday in the House and Wednesday in the Senate. You can contact your representative or senator with the information on the Tennessee General Assembly’s website and ask for them to co-sponsor HB 2101/ SB 2031. http://www.capitol.tn.gov

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Rep Bryan Terry: Updates On Cannabis, Opioids, Landfill, Guns

March 6, 2018 By Admin

MURFREESBORO, MARCH 5, 2018, Last Monday, I signed on to the Medical Cannabis Only Act. And on Tuesday, it passed the first hurdle which was the Criminal Justice Subcommittee. Every chemical in cannabis is already legal in Tennessee right now. All chemicals except THC are grown at MTSU, and THC is dispensed as Marinol at pharmacies throughout Rutherford County and the state. So, the chemicals are in the state, but unfortunately, they aren’t necessarily able to be used in an effective medicinal form or be used together. The MCOA would allow the chemicals to be used together and is for OIL ONLY, and not flower or raw plant.

Overwhelmingly, doctors, pharmacists, and other constituents that speak to me are supportive of having the option of cannabinoids, especially in oil based form. Even most politicians who aren’t willing to go public or feel that they must vote “no” acknowledge that if they were in a position of need, they would want the option. Unfortunately, the swamp is still strong with fear mongering, cronyism, or a general lack of knowledge of the issue.

This week, my bills HB 1549, 1550, and 2002 made it through the committee process and will be on the House floor Monday night.

1549 helps decrease the burden on highly qualified teachers at they proceed from an initial 3 year license to their 6 year license. It has overwhelming bipartisan support.

1550 will allow Rutherford County to develop it own forensic autopsy center. As one of the fastest growing counties in the country, the center will help provide a valuable service to our county and surrounding counties.

2002 will clean up our code to allow a newly approved long acting medication to be used to treat opioid addiction. It will increase compliance, decrease diversion, and decrease relapse rates.

One item that I should bring to everyone’s awareness is that the House passed HB 2370 and I am a co-prime sponsor.

Currently, business or property owners have two options when it comes to firearms. They must either allow firearm carry permit holders to carry concealed or openly in their business or property, or they must post a sign that denies one to carry a firearm.

Some property owners would like a third option which is that a carry permit holder may carry, but the owners just want it concealed. HB 2370 will allow that option to occur. The bill increases the liberty and freedoms of both carry permit holders and property owners.

As many folks know, Rutherford County is looking at selling the landfill to Republic. Currently MiddlePoint has a life expectancy of 6-10 years. If Republic gets the adjoining Rutherford County Landfill and its base footprint, the lifespan of MiddlePoint landfill will most likely be extended an additional 15 years(21-25 years).

Here is an important point that everyone in the community needs to know. Wet sludge(human waste) has live bacteria, produces gas, and is responsible for much of the odor around the landfill. Currently, Murfreesboro and Smyrna send wet sludge to MiddlePoint. Based on the original contract, they are allowed to do so. The landfill in Clarksville is the ONLY other landfill that accepts wet sludge and they were given an exemption due to the flood damage to their drying facility. Clarksville has until the summer of 2019 to dry their sludge or they lose their permit.

Folks, that means that in 2019, Murfreesboro and Smyrna will be the only municipalities still delivering wet sludge and MiddlePoint will be the only landfill still accepting the wet sludge. As a community, how is that acceptable?

Representative Bryan Terry represents District 48 which is the eastern half of Rutherford County and can be reached at 615-741-2180 or vie email at Rep.Bryan.Terry@Capitol.TN.Gov.

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Rep. Bryan Terry: Why I Support The Medical Cannabis Only Act

February 27, 2018 By Admin

MURFREESBORO- Perhaps the most controversial bill this session is the Medical Cannabis Only Act(MCOA). For many, it is controversial because of fear, or of ignorance, or of the unknown. For others, it is controversial because of what is known about cannabis and many of those facts become conflated when one focuses solely on the medical aspect. Regardless, when I first ran for office beginning in 2013, I developed and campaigned on the three pillars of my platform: Principles, Process, and Passion. I wanted to take a moment to explain my platform as it relates to the MCOA and explain how and why I support and signed on to the bill.

Principles:

There are three principles in my platform, and it is my goal to strike a perfect balance. I refer to them as the three rights.

The first right is “What is our right?” In other words, what is legal or what is Constitutional. Just because something is legal or even constitutional doesn’t necessarily mean it is the right thing to do. At one point, slavery was considered legal and constitutional. Strict authoritarian thought often leads one to enforce or even follow immoral laws. In addition, strict libertarian thought often leads one to focus strictly on their right, as opposed to, also, protecting the rights of others.

The second right is “What is right for the district(or state or country)?” What benefits the majority of the constituency or what does the majority of the constituency want. One would refer to this as populism or populist thought. One must realize, though, that just because the majority wants something, it does not mean that it is constitutional or even the right thing to do. We do not operate as a true democracy where there can be a tyranny of the masses, but we must protect individual liberty.

Last, but not least is “What is right?” In other words, what is the right course of action in my world view based on my background, my family, my faith, and my world view. Folks that only focus on this right would often be referred to as a theocrat or an ideologue. Obviously, I am neither.

Process:

When looking at issues, I try to put them through a four step process that with the end decision ultimately lining up with the three rights. Those steps are, premise, goals, options, and feasibility of those options.

One must first determine if the premise is true and if there is truly a problem that we are looking to address. Secondly, what are your goals of any legislation? Do you wish to completely fix the issue or only address part of the problem. Do you plan to only bring awareness?

The third step is to determine the possible options and the consequences of those options. Doing nothing is always an option. Lastly, what is the feasibility of those options? In other words, are there votes for that option? What is the fiscal impact of that option? Is the option a workable solution and able to be implemented?

Passion:

If one is able to take an issue through a process and have it line up with their principles, then they should be able to defend their position with a passion. I have taken the issue of medical use of cannabis or cannabis extracts through this process; hence, I am able to discuss the issue with a passion and have decided to support the Medical Cannabis Only Act.

The first option we always have is to do nothing. Obviously, of all options, this is the most feasible. However, this option, in my opinion, violates each of the three rights. When asked either with my survey, other surveys, or with individual conversations, a vast majority of the district supports the use of cannabis extracts for medical or research purposes, though not for recreational nor pseudo-medicinal purposes. MTSU grows and does research on all of the cannabis chemicals except THC. MTSU could be a state or even world leader in pharmaceutical or nutraceutical uses of cannabis extracts. Doing nothing goes against what is right for the district and retards progress for patients.

In addition, the Federal Government holds a hypocritical stance on cannabis that violates the 10th Amendment, the Commerce Clause, and the Due Process Clause of the Constitution. Doing nothing is consent to allowing these violations of our rights; thus violating the second right in my principles.

Lastly, doing nothing will continue to suppress much needed research, as well as place undue burdens on Tennesseans with medical conditions that have been shown to benefit from medicinal uses of cannabis extracts. Neuropathic pain, Crohn’s Disease, spasticity, and seizure’s are but a few conditions that have shown to benefit from cannabis extracts. While cannabis extracts are not a panacea, they can benefit some patients. Not acting on cannabis extracts violates my third principle of “what is right” as, in my opinion, providing options to patients and expanding research is the right thing to do.

The second and third options, respectively, are to either legalize the whole plant or have an expansive medical marijuana program like Colorado or other states. Without going into specifics, these options don’t line up with the three rights to bring them into balance, and neither option has the votes to gain any momentum in the General Assembly. While many folks may ruminate over these two options as a viable options to the Medical Cannabis Only Act, the bottom line is that neither option is one that is going to go very far in any committee.

The final option is to have a program like the Medical Cannabis Only Act. The act would allow cannabis extracts to be used in an oil based form for strictly defined medical purposes. Raw plant and flower use would still be illegal. The process for the patient would require receiving a specific diagnosis from a physician, a consultation with a pharmacist for medicine therapy management, and a card with dosing limits set by a commission. One could obtain the medicine from a dispensary, but only in communities that would allow dispensaries. The bill is permissive which means that counties would need to pass a referendum to allow and regulate participation in their communities.

Obviously, the steps to possible treatment is a bit more onerous than receiving and filling a prescription, but with the draconian and hypocritical stances from the Federal Government, the method is probably the most feasible method that can pass and be implemented.

Understanding that this option is feasible which satisfies part of my process, one must understand how it, also, satisfies the three rights. First, as previously pointed out, it is “right for the district”. The majority support the use of cannabis extracts for medicinal or research purposes. MTSU is currently doing research on cannabis as hemp with promising results. Most recently, I saw polls from a cross section of Senate districts that confirmed that Tennessee favored the use of cannabis extracts by a wide margin.

Secondly, the current posture of the Federal Government is that cannabis and all its chemicals are Schedule 1 drugs. Yet, every chemical is legal in Tennessee, as long as it isn’t grown from marijuana. Marijuana and hemp are the same plant except marijuana has greater than 0.3% THC. Synthetic THC is legal as a prescribed medication called Marinol.

In 1974, the Nixon Administration, with the Controlled Substance Act, placed cannabis into the Schedule 1 category which basically means that they believed it had no medical benefit and that it was too dangerous to study. Yet, the federal government has its own strain of cannabis that they market overseas and they allow research at Ole Miss. In addition, there are a multitude of patients that have had improved symptoms with cannabis based treatments. The Federal Government stance is hypocritical at best and unconstitutional at worst. We, as a state, can and should exert our 10th Amendment rights for patients in Tennessee. It is our right to do so and satisfies the second right.

Lastly, it is the right thing to do. Patients with cancer, Crohn’s Disease, neuropathic pain, seizures, and other disorders can benefit from cannabis extracts. I can give various examples of patients and constituents that I know that have their own personal stories. Some continue to suffer without our help. Some live in the shadows addressing their symptoms and play Russian Roulette with cannabis not knowing if they would get arrested or obtain some spiked with fentanyl.

One such patient whose life changed with cannabis based treatment is Alexis Bortell, the twelve year old from Texas who is suing the Federal government so that she can continue treating with her medications. She developed intractable epilepsy at the age of seven and, by age nine, had tried over 30 medical regimens. None worked. And she was suffering life-threatening seizures every day – often multiple times per day. Faced with a high-risk medication or experimental brain surgery, her family, with the guidance of physicians, opted to move to Colorado and try cannabis based therapy. By day 33, after she started a new regimen of cannabis with THC, Alexis’s seizures stopped completely, and she has been seizure free for nearly three years. Alexis went from suffering through multiple seizures a day to never having any seizures at all – and all after she started treating with cannabis. Though willing, due to Federal and Tennessee laws, she is unable to testify on behalf of the Medical Cannabis Only Act this week unless subpoenaed by Tennessee.

“My Dad and I spoke with Dr. Terry about my situation. I am living proof that treating with medical cannabis can change and save peoples’ lives. Except for the risks of not having my medicine and the federal and state restrictions, I live a normal and productive life. No more seizures. No more hospital visits. No more talk of experimental brain surgery. I’ve been told that there are around 70,000 Tennesseans with seizure disorders and about 5,000 of those are kids like me,” stated Alexis. “It takes courageous leaders like those supporting the Medical Cannabis Only Act to speak out on medical cannabis. I’m hoping that the other legislators have the courage to join them so I can come to Tennessee. I hear it is a beautiful state.”

Our daughter is nine, the same age as Alexis when the Bortell’s were faced with a difficult medical situation. I don’t know how anyone could look at their child and tell them that they either had to take a high risk medication that could kill them or have brain surgery knowing that there is potentially another option. The Bortell’s made the right decision. Tennesseans shouldn’t have to make that choice.

Folks, it’s the right thing to do to pass the Medical Cannabis Only Act. It’s the right time to do it, and the right bill to move forward.

Representative Bryan Terry represents District 48 which is the eastern half of Rutherford County and can be reached at 615-741-2180 or vie email at Rep.Bryan.Terry@Capitol.TN.Gov.

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Rep. Bryan Terry Introduces Measures To Tackle TN Opioid Crisis

January 22, 2018 By Admin

Rep. Bryan Terry Hosts Speaker Beth Harwell For Saint Thomas Rutherford Hospital Tour

NASHVILLE, January 22, 2018– Representative Bryan Terry, MD (R-Murfreesboro), chairman of the Tennessee House Health Subcommittee, has filed legislation and has other legislation ready to be filed to address the opioid crisis facing Tennessee. With the issue being multifaceted in nature, Rep. Terry is looking to touch various aspects of the problem with his legislation, as well as advocate for other aspects not necessarily requiring legislation.

While many look at prescribing habits leading to excess opioids in circulation as a leading cause of the problem, Rep. Terry explained that the problem runs much deeper. “There are various cogs in the wheel driving the opioid crisis. Failure to properly address legal and illicit access to opioids, addiction, treatment, lack of education, and government meddling has created a perfect storm leading to this problem. While looking to address each aspect of the problem, we must ensure that we protect legitimate patients and legitimate providers.”

The first bill filed by Rep. Terry aims to provide a deterrent to the illegal manufacturing, sales, and distribution of potent opioids like fentanyl and sufentanil which are used in chronic pain and the perioperative period, and carfentanil which was developed as a large animal tranquilizer. These drugs are often cited as being 100 to 10,000 times as potent as morphine. “Potency and route of administration increase the speed of addiction. Some of this is coming in from China via Mexico and finding its way to our streets. While we have had some arrests in Tennessee, New York and Florida have had some high profile cases involving up to 32 million lethal doses,” explained Terry. The bill increase the penalty for possession, sales, distribution, or manufacturing of these drugs to an A or B Class felony depending on the amount of lethal doses involved in the arrest.

On the prevention side, Rep Terry explained that as with many issues, the root of the problem is often found on the supply and demand curve. “While looking to cut down on the illicit supply, we must look to address various aspects of demand. Proper education on the risks, as well as decreasing barriers to alternative health care modalities that treat pain without opioids are vital to decreasing this problem.”

“Neuropathic pain, chronic pain syndromes, and even perioperative pain can be treated with nerve blocks or pain injections. Our current system, especially within TennCare, is set up to incentivize the use of opioids over other modalities. Incentivizing the use of cheap opioids over viable alternatives increases the risk of addiction and demand. I will be offering a bill to change that,” explained Rep. Terry.

Another possibility that could decrease the use of narcotics is the medicinal uses of cannabinoids which are in cannabis. “Crohn’s Disease, spasticity involved in MS, and other painful conditions can see benefit from cannabinoids which can potentially cut down narcotic usage without the recreational high often produced by smoking or ingesting. It’s hypocritical that the federal government makes all cannabinoids Schedule 1 drugs, yet Marinol, which is synthetic THC is legal in all states including Tennessee. Ignorance and fear is no way to govern, and that form of governance is hurting patients.” Rep. Terry says he is supportive of research and medicinal uses of cannabinoids under the care of medical providers.

Diversion is the process of taking opioids from a legal prescription and diverting the drugs to be used recreationally. “Overprescribing and doctor shopping are two aspects that increase the risk of diversion. I have legislation that will attack that on two fronts. Currently, one can hold on to an opioid prescription for up to six months before it is filed in the system and filled by a pharmacist. My bill will require a prescription to be on file with a pharmacy within seven days and filled within 60 days. Secondly, some individuals do not want the entire prescription at one time. The bill will allow for partial filling of an opioid prescription to cut down on the amount someone may want at their home.” Rep. Terry says that he is working with the Tennessee Medical Association and Tennessee Pharmacist Association on the legislation.

Rep. Terry is, also, set to propose legislation for an opioid hotline within the Tennessee Department of Health which will provide whistleblower protection for those who come forth with information in good faith about potential abuses in the medical system. Recently, 60 Minutes aired an expose on abuses of oversupplies of opioids to pharmacies or medical facilities. In addition, local pill mills, mail order pharmacy facilities, and unscrupulous providers have led to an excess of opioids in the public. The legislation looks to curb those unethical practices.

While prevention of demand and reduction of supply are two of the main components in solving the opioid crisis, treatment for those caught in the crosshairs is an important aspect of tackling the problem. Rep. Terry is carrying a bill that would allow long acting injectable Suboxone be available in Tennessee for opioid addiction treatment. “Folks, often, only have thirty days of inpatient treatment covered by insurance. Unless someone is treated for up to ninety days or longer, the relapse rates are greater than ninety percent. Injectable Suboxone that lasts thirty days will help decrease the rates and costs of relapse, and it will decrease diversion of the current pill form. I know that Governor Haslam is looking at increased funding for treatment, and I have spoken to his administration about this treatment option.”

Representative Bryan Terry represents District 48 which is the eastern half of Rutherford County and can be reached at 615-741-2180 or vie email at Rep.Bryan.Terry@Capitol.TN.Gov.

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Rep. Bryan Terry 2018 Legislative Preview: MTSU, Medical Marijuana, Healthcare, Education

January 8, 2018 By Admin

MURFREESBORO, January 7, 2018– I have been busy getting ready for the upcoming session. I hope you enjoy and become more informed with my updates. As we begin the 2018 session on January 9, here is my pre-session update.

The opioid crisis will be the biggest issue coming to the Health Subcommittee which I chair. I was able to have a couple of opioid related bills jacketed this past week and I have some others waiting to get jacketed depending on a few more discussions. I look forward to hearing the discussions and taking the lead on several aspects of this issue. I am expecting a multitude of opioid related bills to come through my committee and may organize a special meeting to listen to all the potential bills.

Aside from the opioid issue, last week, I was corresponding with legislators, an attorney, and physicians from other states to on how they are tackling a particular bipartisan medical issue. This issue has been going on for some time, and I have been working on a solution for a while. Of all things, on New Years Eve, I was speaking to a democrat physician legislator about how his state was addressing the issue. I’m working on drafting legislation on this issue, but can’t give specifics as it is too early and I may not be the one to carry the bill.

I, will, also, be carrying a bill with Dr. Briggs that should streamline a medical service to help decrease the morbidity and mortality of patients……more details to come later when we file the bill.

I will, also, be carrying at least one, if not more, bills related to education. When they get filed, I will be able to go into more detail, but there are at least three bills that I will either carry or be a prime co-sponsor. These issues directly impact Rutherford and Murfreesboro City Schools, and at least two of the bills were spurred on by problems related to testing that occurred in our county. These bills, also, help address some of the concerns brought forth by our school boards during the education round table that I hosted.

I have, also, agreed to carry a bill with Senator Ketron that will directly impact MTSU. When we file it, we will provide more information and details. It will bring some jobs and an educational opportunity to the area.

Over the last several months, college students across the state have been bringing awareness to an injustice on their campus. Working with these students, we hope to change the code to correct this injustice. Yesterday, I was able to sit down with the student leader on this issue and we have the rough draft of the legislation in hand. I will be meeting with legal services this week to have it drafted. Students are the largest constituency in many districts. Students across the state know that I stand up for them every chance I get, and I look forward to being the voice of students on this issue.

As most people are probably aware, medical marijuana or cannabis based treatments will be discussed this session. Senator Dickerson and Representative Faison held a task force this fall to discuss the issue and draft possible legislation. Most recently in the news, Attorney General Jeff Sessions revoked the Obama era Cole Memorandum which, essentially, instructed federal prosecutors to not prosecute individuals in states who legalize forms of cannabis. Congress has some bills to decriminalize or reschedule cannabis, but it is uncertain if they will act. So, the impact of the revocation of the Cole memo on possible medical cannabis treatment legislation is yet to be determined.

Of note, however, is a federal lawsuit by a 12 year old girl by the name of Alexis Bortell against AG Sessions that is pending. The lawsuit would essentially either reschedule or de-schedule cannabis as her civil rights are being violated due to her medical treatment.

As chairman of the health subcommittee and to further educate myself and, hopefully, other legislators and the public, I was able to conduct an exclusive one hour interview and follow up questionnaire with Alexis and her father, Dean. I am awaiting permission from her legal team to release the questionnaire and more details from the interview. In addition, Mr. Bortell has offered to testify before our General Assembly depending on the timing and the lawsuit.

What I can impart is the history of Alexis and her treatment with her seizure disorder.

She lived in Texas, and began having seizures at the age of 7. By age 9, she had been on multiple anti-seizure medications and had suffered many side effects from those medications. Yet, she still had intractable seizures.

Faced with a lifetime of major medication side effects, intractable seizures, and a limited quality of life, her parents were given two potential medical options. Alexis could have a craniotomy which would involve surgery on her brain. The part of the brain that would have involved surgery would impact her personality, ability to think or reason, and her memory. Her other option was to move to another state and try cannabis based treatments. If cannabis based treatment failed, she could then have surgery, but if she tried surgery first and it failed, she would be forever changed. The family chose to move to Colorado and seek treatment there.

Alexis has been under a physician’s care and has participated in research projects while in Colorado. She is perhaps the most researched and tested patient in America. Of note, she currently takes two medications. One is an oil that contains a high CBD to THC ratio that is her maintenance medication which she takes twice a day. This oil is called Haleigh’s Hope. The other is a higher THC cannabis based oral spray called Cannatol RX to treat auras which signal an impending seizure. These auras present themselves to Alexis as a tingling sensation on her scalp or visual spots in her field of view. She self administers the THC when the symptoms present and has access to the THC spray on school grounds at her school in Colorado.

Since becoming stable on her medication on Day 33 of her treatment, she has been seizure free for nearly three years. She has had to use the oral THC spray less than 20 times to prevent seizures. She is growing like an otherwise healthy girl with minimal if any side effects. Aside from the limitations placed on her due to cannabis laws, she is able to lead a normal life. One that she would not be able to lead if she still lived in Texas or even Tennessee.

Of note, there are around 70,000 Tennesseans with a seizure disorder. Roughly, 5000 are minors like Alexis. That translates to over 700 patients and 50 children in each legislative district who could potentially see the same medical benefits as Alexis without the major side effects of anti-seizure medications.

In addition, I have heard candidates for legislative and gubernatorial office opine that big Pharma already has drugs to treat seizures or that we already have “medical marijuana” in a drug called Marinol. In the case of Alexis and countless others like her, those medications either don’t control the seizures or they have severe side effects. Marinol, the synthetic THC that is legal in Tennessee and every state, takes 30-45 minutes to take effect which isn’t fast enough to treat an impending seizure; whereas, the nasal and oral THC sprays works almost instantly.

Sativex and Epidiolex are potential cannabis based FDA approved medications coming down the pipeline, yet neither medication would provide the ratios of THC to CBD necessary to treat patients like Alexis. And neither would provide the flexibility to treat these patients as their metabolism changes during puberty.

Ultimately, the action that our Tennessee General Assembly takes may very well depend on the action taken at the federal level, the result of the lawsuit, or the kind of legislation put forth by Senator Dickerson and Representative Faison. Regardless, after speaking with the Bortell’s, it is clear that the current system is failing many patients. Telling Tennesseans who are in the same position as Alexis to just keep suffering from medication side effects, move to another state, or have a partial lobotomy isn’t the answer.

As always, it is an honor and a privilege to serve District 48 as your state representative. Please, follow my updates on BryanTerry4TN.com, on Facebook at Dr. Bryan Terry, or on Twitter at @BryanTerry4TN.

With Liberty,

Rep. Bryan Terry, MD

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Rep. Bryan Terry Hosts Speaker Beth Harwell For Saint Thomas Rutherford Hospital Tour

November 16, 2017 By Admin

(MURFREESBORO), November 9, 2017 — State Representative Bryan Terry, MD (R-Murfreesboro) and administrative and operating room leaders from Ascension Health System hosted Tennessee House Speaker Beth Harwell (R-Nashville) for a tour of Saint Thomas Rutherford Hospital yesterday.

The tour coincided with an announcement made by the Tennessee Health Services and Development Agency which paves the way for a $47 million investment related to expansion of the facility, as well as construction of a new surgical treatment center to be located on New Salem Highway.

As part of the project, St. Thomas Rutherford Hospital will add 72 new hospital beds — bringing its total to 385. Additionally, a new Clinical Decision Unit is planned near the current emergency room. When completed, it will provide an additional 25 beds for patients who require hospital stays of less than 24 hours. Construction has already begun and is expected to be completed by the summer of 2018.

“With the continued growth we are experiencing in Rutherford County and the increase in services provided by the hospital, I am pleased to see these critical upgrades made to our current health system,” said Representative Terry. “Additionally, I am grateful to Speaker Harwell for visiting with us and listening to the concerns and experiences of our physicians, nurses, and staff.”

The tour began with a visit to the perioperative area which includes a holding area, recovery room, as well as the main operating suite which houses 12 operating rooms. It included a stop in the emergency department, as well as the neonatal intensive care unit where Speaker Harwell listened intently to physicians and others about their experiences. Representative Terry — an anesthesiologist at the hospital and the Chairman of the House Health Subcommittee — believes the timing of the tour was excellent.

“Together, Speaker Harwell and I were able to better understand some of the challenges facing our thriving community which will enable us to potentially create new solutions to address some of these issues during the upcoming legislative session,” stated Terry.

“I would like to thank Representative Terry and the staff at Saint Thomas Rutherford Hospital for providing an opportunity for me to see some of the remarkable progress this facility has made to accommodate the community’s astounding growth,” said Speaker Harwell. “It was also very powerful to hear firsthand experience from physicians, nurses, and staff related to the treatment of patients in acute or perioperative pain, as well as those facing opioid addiction.”

In recent years, Tennessee has experienced a startling increase in instances of Neonatal Abstinence Syndrome (NAS) related to the state’s continuing opioid crisis. NAS occurs when a baby is exposed to drugs in the womb before birth and can cause serious health issues. Approximately 90 percent of NAS pregnancies tend to be unplanned, and babies who are born with NAS usually require longer hospital stays at a cost of almost $48,000 in TennCare expenses in the first year of life.

“Since Neonatal Abstinence Syndrome is a major concern across our state, I appreciate the doctors, nurses, and staff who shared their valuable insight and experiences with me related to this troubling issue affecting some of our youngest citizens,” said Speaker Harwell. “Their powerful words and testimony will help all of us work to address a critical aspect of Tennessee’s opioid crisis.”

“The opioid issue is a concern in the medical community and at the Capitol. Being an anesthesiologist and a legislator, I am seeing its impact in both areas; finding solutions that protect legitimate patients while preventing the harm caused by abuses will require us to examine all options and work together as a legislative body in 2018 and in future years,” concluded Terry.

Bryan Terry, MD serves as Chairman of the House Health Subcommittee, as well as a member of the House Health and Civil Justice Committees. He lives in Murfreesboro and represents House District 48, which includes the eastern half of Rutherford County. Terry can be reached by calling (615) 741-2180 or emailing: Rep.Bryan.Terry@capitol.tn.gov.

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Rep. Bryan Terry, MD To Serve On New Wellness Caucus

November 16, 2017 By Admin

(NASHVILLE) November 16, 2017 — State Representative Bryan Terry (R-Murfreesboro) today announced that he will serve on a new Wellness Caucus created by members of the Tennessee General Assembly and in collaboration with the Governor’s Foundation for Health and Wellness.

The caucus is chaired by State Representative Ryan Williams (R-Cookeville) and Senator Bo Watson (R-Hixson). It consists of 37 members — including 28 Republicans — from both the House and Senate who will study and propose new solutions to important health and wellness issues in communities across the state.

While Nashville is considered a health care hub for our entire nation, Tennessee still remains one of the least healthy states in the country. Approximately one in four adults smokes, and one in five high school students uses tobacco. Additionally, 33 percent of the state’s population is classified as obese, and type-2 diabetes and high blood pressure are at near-epidemic levels in all regions of the state.

Caucus members will help shape future public policy so that Tennesseans impacted by some of these adverse health conditions are able to make lifestyle changes that will improve their health and overall quality of life.

“I am honored to be asked to serve on this new Wellness Caucus,” stated Representative Terry, who is also Chairman of the House Health Subcommittee. “Many of the health problems we face in our district including the opioid epidemic, diabetes, and hypertension impact all regions of Tennessee. This caucus provides an opportunity for all members of the General Assembly — including those who do not currently serve on our health committees — to establish goals and shape the future landscape of health and well-being in our state.”

For more information about the Governor’s Foundation for Health & Wellness, please visit: http://healthierTN.com.

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Rep. Bryan Terry Named “Champion of Prosperity”

November 6, 2017 By Admin

MURFREESBORO, Nov. 6, 2017– Representative Bryan Terry, MD (R-Murfreesboro) was presented with the Champion of Prosperity award from Americans for Prosperity-Tennessee recently at the GOP headquarters in downtown Murfreesboro. The award was earned by Rep. Terry and other Tennessee legislators who displayed a track record of defending taxpayers while promoting individual and business prosperity during the 2017 session.

“Americans for Prosperity-Tennessee is recognizing legislators across the state who stood up for Tennessee taxpayers in 2017,” stated James Amundsen, Deputy State Director Of AFP-TN. “Representative Terry has a long track record of being the taxpayer’s friend while advocating for income mobility, jobs, and less government. We are honored to present him with a ‘Champion of Prosperity’ award for 2017.”

During his tenure as state representative for District 48, has earned the reputation as a leader for hard working individuals, families and small businesses. During the 2017 session, he was the only legislator to appear on the 99.7 WTN gas tax town hall to argue against the tax hike and vote against the measure. In addition, in proving that he is willing to work for taxpayers, he offered three different amendments to the gas tax hike that would have saved taxpayers money or not cost taxpayers a dime while stabilizing transportation funding.

“Most people may not be aware, but the IMPROVE Act wasn’t just a gas tax hike. It had fourteen new or increased fees, four increased taxes on fuel, and six local tax increase options. While it offered some tax decreases that were positive, it certainly wasn’t pocketbook neutral to Tennessee families,” stated Rep. Terry. “Inflation has risen above expected rates due to the hurricane’s impact on gas prices, and the gas tax didn’t help. Tennessee is fortunate that consumer confidence is rising under President Trump and Tennessee is positioned well economically; thus, mitigating some of the negative effects of the tax hike.”

Rep. Terry says that working in small business and as an anesthesiologist, he has had experience with both lives and livelihoods in his hands. “Growing up and working in a third generation auto salvage family and now being a partner in a medical practice, I certainly know and understand the struggles of small businesses and employees. Whether dealing with the business side personally or listening to constituent concerns, my background in both the blue collar and white collar worlds helps me to be a better advocate for the district.”

Tennessee is ranked number one in small business growth, has the least debt per capita, and has the lowest state taxes. In addition, Tennessee’s unemployment rate is the lowest in recorded history while the average small business wages are $22.84 per hour which is well above the $15 per hour argued for by liberals and socialists.

“It’s truly an honor to receive this award. I’m proud to stand with the people of Tennessee and our business community to ensure we have prosperity for our individuals and hard working families,” said Rep. Terry.

Representative Bryan Terry, MD is the Chairman of the Tennessee House Health Subcommittee and serves on the full House Health and Civil Justice Committees. His office can be reached at 615-741-2180 or rep.Bryan.Terry@capitol.tn.gov.

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