HOUSE BILL 760
By Darby
SENATE BILL 817
By Lowe
SB0817
002883
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 49;
Title 53; Title 63 and Title 68, relative to
bronchodilator rescue inhalers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 63, Chapter 6, Part 2, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Asthma" means a respiratory condition marked by coughing,
wheezing, or shortness of breath often triggered by allergies, exercise, or
irritants;
(2) "Authorized entity":
(A) Means an entity that may, at any time, have allergens present
that are capable of causing a severe allergic reaction; and
(B) Includes, but is not limited to, child care agencies licensed by
the department of human services; residential child care licensed by the
department of children's services pursuant to title 37, chapter 5, part 5;
restaurants; recreation camps; youth sports leagues; theme parks and
resorts; and sports arenas;
(3) "Bronchodilator rescue inhaler" means medication used to relieve
asthma symptoms or respiratory distress along with devices and device
components needed to appropriately administer the medication, including, but
not limited to, disposable spacers; and
- 2 - 002883
(4) "Healthcare practitioner" means a physician or other healthcare
provider who has prescriptive authority.
(b) A healthcare practitioner may prescribe a bronchodilator rescue inhaler to be
maintained for use in the name of an authorized entity in accordance with this section,
under a standing protocol from the healthcare practitioner.
(c) A pharmacist may dispense a bronchodilator rescue inhaler pursuant to a
prescription issued in the name of an authorized entity pursuant to subsection (b).
(d) An authorized entity that is prescribed and dispensed a bronchodilator
rescue inhaler pursuant to this section, shall designate an employee of the authorized
entity to maintain the bronchodilator rescue inhaler in an unlocked, secure location so
that the bronchodilator rescue inhaler may be administered to a person believed to be
experiencing asthma symptoms or respiratory distress in an emergency situation, under
a standing protocol from the healthcare practitioner.
(e) A designated employee of an authorized entity that is prescribed a
bronchodilator rescue inhaler pursuant to this section may administer the bronchodilator
rescue inhaler to a person who is believed to be experiencing asthma symptoms or
respiratory distress in an emergency situation and when a physician is not immediately
available, under the standing protocol from the healthcare practitioner.
(f) If a person is injured or harmed due to the administration of a bronchodilator
rescue inhaler to the person by a designated employee acting in accordance with this
section:
(1) Then neither the designated employee nor the authorized entity are
liable for the injury or harm unless the designated employee administered the
bronchodilator rescue inhaler with an intentional disregard for the person's safety;
and
- 3 - 002883
(2) The prescribing healthcare practitioner is not liable for the injury
unless the prescribing healthcare practitioner issued the prescription or standing
protocol with intentional disregard for safety.
SECTION 2. Tennessee Code Annotated, Title 49, Chapter 50, Part 16, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Bronchodilator rescue inhaler" means medication used to relieve
asthma symptoms or respiratory distress along with devices and device
components needed to appropriately administer the medication, including, but
not limited to, disposable spacers; and
(2) "Healthcare practitioner" means a physician or other healthcare
provider who has prescriptive authority.
(b) Each school in an LEA and public charter school is encouraged to keep a
bronchodilator rescue inhaler in a minimum of two (2) locations in the school, such as
the school office, school nurse's office, or athletic office, so that a bronchodilator rescue
inhaler may be administered to a student believed to be having asthma symptoms or in
respiratory distress in an emergency situation, under a standing protocol from a
prescribing healthcare practitioner. An LEA or public charter school electing to maintain
bronchodilator rescue inhalers shall maintain them in a secure, unlocked, and accessible
location.
(c) A school nurse or other trained school personnel may utilize the supply of a
bronchodilator rescue inhaler maintained pursuant to this section, under a standing
protocol from the prescribing healthcare prescriber.
(d) The state board of education, in consultation with the department of health,
shall promulgate rules to develop clinical protocols for administering a bronchodilator
- 4 - 002883
rescue inhaler. The rules must be promulgated in accordance with the uniform
administrative procedures act, compiled in title 4, chapter 5.
(e) A school nurse, or other trained school personnel authorized to administer a
bronchodilator rescue inhaler pursuant to this section, is not liable for any civil damages
for ordinary negligence in acts or omissions resulting from the administration of a
bronchodilator rescue inhaler to a student believed in good faith to be having life-
threatening asthma symptoms or respiratory distress.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.