HB2438113th GA (Historical)Introduced

Amends TCA Title 4; Title 8; Title 49; Title 53; Title 56; Title 63; Title 68 and Title 71.

Present law provides the following regarding the availability of opioid antagonists in schools:<br /> <br /> (1) A physician may prescribe an opioid antagonist in the name of an LEA or nonpublic school to be maintained for use in schools when necessary. An LEA also may utilize a statewide collaborative pharmacy practice agreement to obtain an opioid antagonist for administration; <br /> <br /> (2) The school nurse, school resource officer, or other trained school personnel may utilize the LEA or nonpublic school supply of opioid antagonists to respond to a drug overdose, under a standing protocol from a physician licensed to practice medicine in all its branches;<br /> <br /> (3) If a student is injured or harmed due to the administration of an opioid antagonist that a physician has prescribed to an LEA or nonpublic school under this provision, then the physician must not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety; and<br /> <br /> (4) If a student is injured or harmed due to the administration of an opioid antagonist to the student by a school nurse, school resource officer, or other trained school personnel under this provision, then the school nurse, school resource officer, or school employee must not be held responsible for the injury, unless the school nurse, school resource officer, or school employee administered the opioid antagonist with an intentional disregard for safety.<br /> <br /> This bill rewrites the above provisions, providing, instead, that the following applies regarding the availability of opioid antagonists in schools:<br /> <br /> (1) Each school within an LEA and each public charter school operating pursuant to the Tennessee Public Charter Schools Act of 2002, in which any combination of grades 9-12 are taught, must maintain an opioid antagonist at the school in at least one unlocked, secure location so that an opioid antagonist may be administered to a student believed to be having a drug overdose;<br /> <br /> (2) Despite laws regarding professions of the healing arts that provide for the contrary, a physician may prescribe an opioid antagonist to be maintained for use in schools when necessary in the name of an LEA or other school authorized or required by this section to maintain an opioid antagonist. An LEA also may utilize a statewide collaborative pharmacy practice agreement to obtain an opioid antagonist for administration;<br /> <br /> (3) The school nurse, school resource officer, or other trained school personnel may utilize the supply of opioid antagonists to respond to a drug overdose, under a standing protocol from a physician licensed to practice medicine in all its branches;<br /> <br /> (4) If a student is injured or harmed due to the administration of an opioid antagonist that a physician has prescribed under this bill, then the physician is not liable for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety; and<br /> <br /> (5) If a student is injured or harmed due to the administration of an opioid antagonist to the student by a school nurse, school resource officer, or other trained school personnel pursuant to this bill, then the school nurse, school resource officer, or school employee is not liable for the injury unless the school nurse, school resource officer, or school employee administered the opioid antagonist with an intentional disregard for the student's safety.<br />

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Overview

Present law provides the following regarding the availability of opioid antagonists in schools:<br /> <br /> (1) A physician may prescribe an opioid antagonist in the name of an LEA or nonpublic school to be maintained for use in schools when necessary. An LEA also may utilize a statewide collaborative pharmacy practice agreement to obtain an opioid antagonist for administration; <br /> <br /> (2) The school nurse, school resource officer, or other trained school personnel may utilize the LEA or nonpublic school supply of opioid antagonists to respond to a drug overdose, under a standing protocol from a physician licensed to practice medicine in all its branches;<br /> <br /> (3) If a student is injured or harmed due to the administration of an opioid antagonist that a physician has prescribed to an LEA or nonpublic school under this provision, then the physician must not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety; and<br /> <br /> (4) If a student is injured or harmed due to the administration of an opioid antagonist to the student by a school nurse, school resource officer, or other trained school personnel under this provision, then the school nurse, school resource officer, or school employee must not be held responsible for the injury, unless the school nurse, school resource officer, or school employee administered the opioid antagonist with an intentional disregard for safety.<br /> <br /> This bill rewrites the above provisions, providing, instead, that the following applies regarding the availability of opioid antagonists in schools:<br /> <br /> (1) Each school within an LEA and each public charter school operating pursuant to the Tennessee Public Charter Schools Act of 2002, in which any combination of grades 9-12 are taught, must maintain an opioid antagonist at the school in at least one unlocked, secure location so that an opioid antagonist may be administered to a student believed to be having a drug overdose;<br /> <br /> (2) Despite laws regarding professions of the healing arts that provide for the contrary, a physician may prescribe an opioid antagonist to be maintained for use in schools when necessary in the name of an LEA or other school authorized or required by this section to maintain an opioid antagonist. An LEA also may utilize a statewide collaborative pharmacy practice agreement to obtain an opioid antagonist for administration;<br /> <br /> (3) The school nurse, school resource officer, or other trained school personnel may utilize the supply of opioid antagonists to respond to a drug overdose, under a standing protocol from a physician licensed to practice medicine in all its branches;<br /> <br /> (4) If a student is injured or harmed due to the administration of an opioid antagonist that a physician has prescribed under this bill, then the physician is not liable for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety; and<br /> <br /> (5) If a student is injured or harmed due to the administration of an opioid antagonist to the student by a school nurse, school resource officer, or other trained school personnel pursuant to this bill, then the school nurse, school resource officer, or school employee is not liable for the injury unless the school nurse, school resource officer, or school employee administered the opioid antagonist with an intentional disregard for the student's safety.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
2170152042722883

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