4 | 3 | | |
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5 | 4 | | HOUSE BILL 44 |
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6 | 5 | | By Behn |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0044 |
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10 | 9 | | 000640 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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14 | 13 | | Chapter 50, Part 16, relative to self-administration |
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15 | 14 | | of prescribed medications. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 49-50-1602, is amended by adding |
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19 | 18 | | the following as a new subsection: |
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20 | 19 | | (h) |
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21 | 20 | | (1) A student may possess and self-administer prescribed rescue seizure |
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22 | 21 | | medication while on school property or at a school-related event or activity if: |
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23 | 22 | | (A) The rescue seizure medication has been prescribed for that |
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24 | 23 | | student as indicated by the prescription label on the medication; |
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25 | 24 | | (B) The self-administration is done in compliance with the |
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26 | 25 | | prescription or written instructions from the student's physician or other |
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27 | 26 | | licensed healthcare provider; and |
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28 | 27 | | (C) The student's parent or guardian provides to the school: |
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29 | 28 | | (i) A signed, written statement authorizing the student to |
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30 | 29 | | self-administer the medication while at school or at a school- |
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31 | 30 | | related event or activity; |
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32 | 31 | | (ii) A signed, written statement from the student's |
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33 | 32 | | healthcare provider that contains: |
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34 | 33 | | (a) The student's name; |
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35 | 34 | | (b) The name and purpose of the medication; |
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36 | 35 | | (c) The prescribed dosage; |
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37 | 36 | | |
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38 | 37 | | |
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39 | 38 | | - 2 - 000640 |
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40 | 39 | | |
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41 | 40 | | (d) The route of administration; |
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42 | 41 | | (e) The frequency that the medication may be |
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43 | 42 | | administered; and |
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44 | 43 | | (f) The circumstances in which the medication may |
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45 | 44 | | be administered; and |
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46 | 45 | | (iii) The signed, written statement required by subdivision |
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47 | 46 | | (h)(4). |
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48 | 47 | | (2) The rescue seizure medication must remain in the sealed package |
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49 | 48 | | with the intact label affixed by the dispensing pharmacy. |
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50 | 49 | | (3) The statements required by subdivision (h)(1) must remain on file in |
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51 | 50 | | the office of the school nurse or school administrator. |
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52 | 51 | | (4) The LEA shall inform the student's parent or guardian who provided |
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53 | 52 | | written authorization for the student to possess and self-administer rescue |
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54 | 53 | | seizure medication that the school and its employees and agents are not liable |
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55 | 54 | | as a result of any injury sustained by the student or another person from |
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56 | 55 | | possession or self-administration of the rescue seizure medication. The |
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57 | 56 | | student's parent or guardian must sign a statement acknowledging that the |
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58 | 57 | | school is not liable, and the parent or guardian must indemnify and hold harmless |
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59 | 58 | | the school and its employees against any claims relating to the possession or |
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60 | 59 | | self-administration of the rescue seizure medication. This subdivision (h)(4) does |
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61 | 60 | | not relieve liability of the school or its employees for willful or wanton misconduct. |
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62 | 61 | | (5) Unless subsequently rescinded in writing, the authorization is |
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63 | 62 | | effective for the entirety of the school year in which it is granted. The LEA may |
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64 | 63 | | suspend or revoke the student's possession and self-administration privileges if |
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65 | 64 | | the student misuses the rescue seizure medication or makes the rescue seizure |
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66 | 65 | | |
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67 | 66 | | |
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68 | 67 | | - 3 - 000640 |
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69 | 68 | | |
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70 | 69 | | medication available for usage by another person. If a student uses the |
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71 | 70 | | medication in a manner other than prescribed, then the student may be subject to |
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72 | 71 | | disciplinary action under the school codes. |
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73 | 72 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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