Tennessee Code Title 63. Professions of the Healing Arts § 63-6-247

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

(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;

(4) “Healthcare practitioner” means a physician or other healthcare provider licensed pursuant to title 63 who has prescriptive authority; and

(5) “Standing protocol” means an established written policy and procedure developed and approved by the prescribing healthcare practitioner related to the use of a bronchodilator rescue inhaler that the authorized entity must follow when in the process of administering a bronchodilator rescue inhaler.

(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 then:

(1) 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;

(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; and

(3) The dispensing pharmacist is not liable for the injury unless the dispensing pharmacist dispensed the prescription with intentional disregard for safety.

(g) The board of pharmacy is authorized to promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, title 4, chapter 5.

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Cite this article: FindLaw.com - Tennessee Code Title 63. Professions of the Healing Arts § 63-6-247 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-63-professions-of-the-healing-arts/tn-code-sect-63-6-247/

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