Tennessee Code Title 49. Education § 49-50-1605

Current as of January 02, 2024 | Updated by Findlaw Staff

(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 licensed pursuant to title 63 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 practitioner.

(d) The state board of education, in consultation with the department of health, shall promulgate rules to develop clinical protocols for administering a bronchodilator rescue inhaler. The rules must be promulgated in accordance with the uniform administrative procedures act, compiled in title 4, chapter 5.

(e)(1) 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.

(2) An LEA or public school, including a public charter school, that contracts for or employs a school nurse or other trained school personnel who administers 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.

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Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-50-1605 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-50-1605/

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