Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0044 Compare Versions

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2-SENATE BILL 135
3- By Yarbro
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54 HOUSE BILL 44
65 By Behn
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98 HB0044
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1312 AN ACT to amend Tennessee Code Annotated, Title 49,
1413 Chapter 50, Part 16, relative to self-administration
1514 of prescribed medications.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Section 49-50-1602, is amended by adding
1918 the following as a new subsection:
2019 (h)
2120 (1) A student may possess and self-administer prescribed rescue seizure
2221 medication while on school property or at a school-related event or activity if:
2322 (A) The rescue seizure medication has been prescribed for that
2423 student as indicated by the prescription label on the medication;
2524 (B) The self-administration is done in compliance with the
2625 prescription or written instructions from the student's physician or other
2726 licensed healthcare provider; and
2827 (C) The student's parent or guardian provides to the school:
2928 (i) A signed, written statement authorizing the student to
3029 self-administer the medication while at school or at a school-
3130 related event or activity;
3231 (ii) A signed, written statement from the student's
3332 healthcare provider that contains:
3433 (a) The student's name;
3534 (b) The name and purpose of the medication;
3635 (c) The prescribed dosage;
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4140 (d) The route of administration;
4241 (e) The frequency that the medication may be
4342 administered; and
4443 (f) The circumstances in which the medication may
4544 be administered; and
4645 (iii) The signed, written statement required by subdivision
4746 (h)(4).
4847 (2) The rescue seizure medication must remain in the sealed package
4948 with the intact label affixed by the dispensing pharmacy.
5049 (3) The statements required by subdivision (h)(1) must remain on file in
5150 the office of the school nurse or school administrator.
5251 (4) The LEA shall inform the student's parent or guardian who provided
5352 written authorization for the student to possess and self-administer rescue
5453 seizure medication that the school and its employees and agents are not liable
5554 as a result of any injury sustained by the student or another person from
5655 possession or self-administration of the rescue seizure medication. The
5756 student's parent or guardian must sign a statement acknowledging that the
5857 school is not liable, and the parent or guardian must indemnify and hold harmless
5958 the school and its employees against any claims relating to the possession or
6059 self-administration of the rescue seizure medication. This subdivision (h)(4) does
6160 not relieve liability of the school or its employees for willful or wanton misconduct.
6261 (5) Unless subsequently rescinded in writing, the authorization is
6362 effective for the entirety of the school year in which it is granted. The LEA may
6463 suspend or revoke the student's possession and self-administration privileges if
6564 the student misuses the rescue seizure medication or makes the rescue seizure
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7069 medication available for usage by another person. If a student uses the
7170 medication in a manner other than prescribed, then the student may be subject to
7271 disciplinary action under the school codes.
7372 SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.