Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0760 Compare Versions

Only one version of the bill is available at this time.

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2	2	<BillNo> <Sponsor>
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4	4	HOUSE BILL 760
5	5	By Darby
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7	7
8	8	HB0760
9	9	002883
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12	12	AN ACT to amend Tennessee Code Annotated, Title 49;
13	13	Title 53; Title 63 and Title 68, relative to
14	14	bronchodilator rescue inhalers.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 63, Chapter 6, Part 2, is amended by
18	18	adding the following as a new section:
19	19	(a) As used in this section:
20	20	(1) "Asthma" means a respiratory condition marked by coughing,
21	21	wheezing, or shortness of breath often triggered by allergies, exercise, or
22	22	irritants;
23	23	(2) "Authorized entity":
24	24	(A) Means an entity that may, at any time, have allergens present
25	25	that are capable of causing a severe allergic reaction; and
26	26	(B) Includes, but is not limited to, child care agencies licensed by
27	27	the department of human services; residential child care licensed by the
28	28	department of children's services pursuant to title 37, chapter 5, part 5;
29	29	restaurants; recreation camps; youth sports leagues; theme parks and
30	30	resorts; and sports arenas;
31	31	(3) "Bronchodilator rescue inhaler" means medication used to relieve
32	32	asthma symptoms or respiratory distress along with devices and device
33	33	components needed to appropriately administer the medication, including, but
34	34	not limited to, disposable spacers; and
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39	39	(4) "Healthcare practitioner" means a physician or other healthcare
40	40	provider who has prescriptive authority.
41	41	(b) A healthcare practitioner may prescribe a bronchodilator rescue inhaler to be
42	42	maintained for use in the name of an authorized entity in accordance with this section,
43	43	under a standing protocol from the healthcare practitioner.
44	44	(c) A pharmacist may dispense a bronchodilator rescue inhaler pursuant to a
45	45	prescription issued in the name of an authorized entity pursuant to subsection (b).
46	46	(d) An authorized entity that is prescribed and dispensed a bronchodilator
47	47	rescue inhaler pursuant to this section, shall designate an employee of the authorized
48	48	entity to maintain the bronchodilator rescue inhaler in an unlocked, secure location so
49	49	that the bronchodilator rescue inhaler may be administered to a person believed to be
50	50	experiencing asthma symptoms or respiratory distress in an emergency situation, under
51	51	a standing protocol from the healthcare practitioner.
52	52	(e) A designated employee of an authorized entity that is prescribed a
53	53	bronchodilator rescue inhaler pursuant to this section may administer the bronchodilator
54	54	rescue inhaler to a person who is believed to be experiencing asthma symptoms or
55	55	respiratory distress in an emergency situation and when a physician is not immediately
56	56	available, under the standing protocol from the healthcare practitioner.
57	57	(f) If a person is injured or harmed due to the administration of a bronchodilator
58	58	rescue inhaler to the person by a designated employee acting in accordance with this
59	59	section:
60	60	(1) Then neither the designated employee nor the authorized entity are
61	61	liable for the injury or harm unless the designated employee administered the
62	62	bronchodilator rescue inhaler with an intentional disregard for the person's safety;
63	63	and
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68	68	(2) The prescribing healthcare practitioner is not liable for the injury
69	69	unless the prescribing healthcare practitioner issued the prescription or standing
70	70	protocol with intentional disregard for safety.
71	71	SECTION 2. Tennessee Code Annotated, Title 49, Chapter 50, Part 16, is amended by
72	72	adding the following as a new section:
73	73	(a) As used in this section:
74	74	(1) "Bronchodilator rescue inhaler" means medication used to relieve
75	75	asthma symptoms or respiratory distress along with devices and device
76	76	components needed to appropriately administer the medication, including, but
77	77	not limited to, disposable spacers; and
78	78	(2) "Healthcare practitioner" means a physician or other healthcare
79	79	provider who has prescriptive authority.
80	80	(b) Each school in an LEA and public charter school is encouraged to keep a
81	81	bronchodilator rescue inhaler in a minimum of two (2) locations in the school, such as
82	82	the school office, school nurse's office, or athletic office, so that a bronchodilator rescue
83	83	inhaler may be administered to a student believed to be having asthma symptoms or in
84	84	respiratory distress in an emergency situation, under a standing protocol from a
85	85	prescribing healthcare practitioner. An LEA or public charter school electing to maintain
86	86	bronchodilator rescue inhalers shall maintain them in a secure, unlocked, and accessible
87	87	location.
88	88	(c) A school nurse or other trained school personnel may utilize the supply of a
89	89	bronchodilator rescue inhaler maintained pursuant to this section, under a standing
90	90	protocol from the prescribing healthcare prescriber.
91	91	(d) The state board of education, in consultation with the department of health,
92	92	shall promulgate rules to develop clinical protocols for administering a bronchodilator
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97	97	rescue inhaler. The rules must be promulgated in accordance with the uniform
98	98	administrative procedures act, compiled in title 4, chapter 5.
99	99	(e) A school nurse, or other trained school personnel authorized to administer a
100	100	bronchodilator rescue inhaler pursuant to this section, is not liable for any civil damages
101	101	for ordinary negligence in acts or omissions resulting from the administration of a
102	102	bronchodilator rescue inhaler to a student believed in good faith to be having life-
103	103	threatening asthma symptoms or respiratory distress.
104	104	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.