Drugs, Prescription

Plain English Breakdown

The bill's encouragement for schools to keep inhalers is not a requirement, and it leaves open how many will choose to do so.

Law for Bronchodilator Rescue Inhalers

This bill allows healthcare providers to prescribe and pharmacists to dispense bronchodilator rescue inhalers to certain entities and schools for emergency use, protecting those who administer the medication from liability unless there is intentional disregard for safety.

What This Bill Does

• Allows healthcare practitioners with prescriptive authority to write prescriptions for bronchodilator rescue inhalers for authorized entities like child care centers, restaurants, camps, sports leagues, theme parks, and sports arenas.
• Requires these authorized entities to keep the inhaler in an unlocked but secure location and designate an employee who can administer it during emergencies.
• Encourages schools to have at least two bronchodilator rescue inhalers available for emergency use by students experiencing asthma symptoms or respiratory distress.
• Protects designated employees of authorized entities from liability if they follow the standing protocol when administering the inhaler in an emergency, unless there is intentional disregard for safety.

Who It Names or Affects

• Healthcare practitioners who can prescribe medications
• Pharmacists who dispense prescriptions
• Authorized entities like child care centers, restaurants, camps, sports leagues, theme parks, and sports arenas
• Schools in local education agencies and public charter schools

Terms To Know

Bronchodilator rescue inhaler

A medication used to relieve asthma symptoms or respiratory distress along with devices needed to administer the medication.

Standing protocol

An established written policy and procedure developed by a healthcare practitioner for using bronchodilator rescue inhalers in emergencies.

Limits and Unknowns

• The bill does not specify how many schools will choose to keep the inhalers or what locations they will be stored.
• It is unclear if all authorized entities will opt to have and maintain these inhalers.

Official Summary Text

ENTITIES

This bill authorizes a healthcare practitioner who has prescriptive authority to prescribe a bronchodilator rescue inhaler to be maintained fo
r use in the name of an authorized entity in accordance with this bill, under a standing protocol from the healthcare practitioner. A pharmacist may dispense a bronchodilator rescue inhaler pursuant to such a prescription issued in the name of an authori
z
ed entity.

As used in this bill, an "authorized entity" means an entity that may, at any time, have allergens present that are capable of causing a severe allergic reaction, such as child care agencies licensed by the department of human services, reside
ntial child care licensed by the department of children's services, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas.

This bill requires an authorized entity that is so prescribed and dispensed a bronchodila
tor rescue inhaler to designate an employee of the entity to maintain the inhaler in an unlocked, secure location so that the inhaler may be administered to a person believed to be experiencing asthma symptoms or respiratory distress in an emergency situa
t
ion, under a standing protocol from the healthcare practitioner.

This bill authorizes a designated employee of an authorized entity that is so prescribed an inhaler to administer the inhaler in such situations. If a person is injured or harmed due to th
e administration of a bronchodilator rescue inhaler to the person by a designated employee acting in accordance with this bill, (i) then neither the designated employee nor the authorized entity are liable for the injury or harm unless the designated empl
o
yee administered the inhaler with an intentional disregard for the person's safety; and (ii) the prescribing healthcare practitioner is not liable for the injury unless the prescribing healthcare practitioner issued the prescription or standing protocol w
i
th intentional disregard for safety.

SCHOOLS

This bill encourages each school in an LEA and public charter school to keep a bronchodilator rescue inhaler in a minimum of two locations in the school, such as the school office, school nurse's office, or a
thletic office, so that an 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 who has prescriptive autho
r
ity. An LEA or public charter school electing to maintain inhalers must maintain them in a secure, unlocked, and accessible location.

This bill authorizes a school nurse or other trained school personnel to utilize the supply of an inhaler so maintained
, under a standing protocol from the prescribing healthcare prescriber. A school nurse, or other trained school personnel authorized to administer an inhaler pursuant to this bill is not liable for any civil damages for ordinary negligence in acts or omi
s
sions resulting from the administration of the inhaler to a student believed in good faith to be having life-threatening asthma symptoms or respiratory distress.

RULEMAKING

This bill requires the state board of education, in consultation with the depart
ment of health, to promulgate rules to develop clinical protocols for administering a bronchodilator rescue inhaler.

ON MARCH 31, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 760, AS AMENDED.

AMENDMENT #1 makes the following revisions:



Revises the definition of "healthcare practitioner" to be physicians or other healthcare providers who are licensed in this state and have prescriptive authority.



Adds a definition for "standing protocol" to mean 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.



Adds that the dispensing pharmacist is not liable for the injury unless the dispensing pharmacist dispensed the prescription with intentional disregard for safety.



Authorizes the board of pharmacy to promulgate rules, which must be promulgated in accordance with the "Uniform Administrative Procedures Act."



Changes the effective date such that, for purposes of promulgating rules, the bill becomes effective upon becoming a law, and for all other purposes, the bill takes effect July 1, 2026.

ON APRIL 9, 2025, THE SENATE SUBSTITUT
ED HOUSE BILL 760 FOR SENATE BILL 817, ADOPTED AMENDMENTS #1 AND #2, AND PASSED HOUSE BILL 760, AS AMENDED.

AMENDMENT #1 clarifies that i
f 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
the bill, then n
either 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
.

AMENDMENT #2 adds that a
n 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
bi
ll
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 distre
ss.

Current Bill Text

SENATE BILL 817
By Lowe

HOUSE BILL 760
By Darby

HB0760
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

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(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

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(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

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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.