Drugs, Prescription

Plain English Breakdown

The official source material does not provide specific details on disciplinary actions for misuse of medication.

Allowing Students to Self-Administer Seizure Medication

This bill allows students with seizure disorders to carry and use their prescribed rescue medication at school or during school activities if certain conditions are met.

What This Bill Does

• Allows a student to have and use prescribed rescue seizure medicine on school grounds or at school events if the medicine is for them, follows doctor instructions, and parents give permission in writing.
• Requires schools to keep records of written permissions from parents and doctors about the medication.
• States that the medicine must stay sealed with its original label until it's used.
• Informs parents that the school isn't responsible if there are any injuries related to using or carrying the medicine, unless someone acts recklessly or carelessly.
• Sets rules for how long permission lasts and what happens if a student misuses the medication.

Who It Names or Affects

• Students with seizure disorders who need rescue medications
• Parents of these students
• Schools and school officials

Terms To Know

LEA

Local Education Agency, which is the organization that runs schools in a specific area.

Limits and Unknowns

• The bill does not specify what happens if parents do not give permission.
• It's unclear how schools will enforce misuse rules without causing harm to students.
• There are no details on how disciplinary actions for misuse of medication will be carried out.

Official Summary Text

AUTHORIZATION

This bill authorizes a
student
to
possess and self-administer
prescribed rescue seizure medication while on school property or at a school-related event or activity if
(i) the
medication has been prescribed
for such purpose,

(ii) the
self-administration is done in compliance with the prescription or written instructi
ons from the student's physician
,
and
(iii) t
he student's parent or guardian
documents permission and instructions with
the school
.

REQUIREMENTS

This bill requires all of the following:



The
authorizing documents
remain on file in the office of the school nurse or school administrator.



T
he rescue seizure medication
remains
in
the
sealed package with the intact label affixed by the dispensing pharmacy.



Unless subsequently rescinded in writing, the authorization
be
effective for the entirety of the school year in which it is granted.

LIABILITY

This bill requires t
he
local education agency ("
LEA
")
to inform the student's parent or guardian that the school, and its employees and agents, are not liable as a result of any injury sustained from possession or self-administration of the rescue seizure medication. The student's parent or guardian must s
i
gn a statement acknowledging
such
.
However, t
his
bill
does not relieve liability of the school or its employees for willful or wanton misconduct.

REVOCATION

This bill authorizes t
he LEA
to
suspend or revoke the student's possession and
self-administration privileges if the student misuses the rescue seizure medication or makes the rescue seizure medication available for usage by another person. If a student uses the medication in a manner other than prescribed, then the student may be
s
ubject to disciplinary action under the school codes.

Current Bill Text

HOUSE BILL 44
By Behn

SENATE BILL 135
By Yarbro

SB0135
000640
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 49,
Chapter 50, Part 16, relative to self-administration
of prescribed medications.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-50-1602, is amended by adding
the following as a new subsection:
(h)
(1) A student may possess and self-administer prescribed rescue seizure
medication while on school property or at a school-related event or activity if:
(A) The rescue seizure medication has been prescribed for that
student as indicated by the prescription label on the medication;
(B) The self-administration is done in compliance with the
prescription or written instructions from the student's physician or other
licensed healthcare provider; and
(C) The student's parent or guardian provides to the school:
(i) A signed, written statement authorizing the student to
self-administer the medication while at school or at a school-
related event or activity;
(ii) A signed, written statement from the student's
healthcare provider that contains:
(a) The student's name;
(b) The name and purpose of the medication;
(c) The prescribed dosage;

- 2 - 000640

(d) The route of administration;
(e) The frequency that the medication may be
administered; and
(f) The circumstances in which the medication may
be administered; and
(iii) The signed, written statement required by subdivision
(h)(4).
(2) The rescue seizure medication must remain in the sealed package
with the intact label affixed by the dispensing pharmacy.
(3) The statements required by subdivision (h)(1) must remain on file in
the office of the school nurse or school administrator.
(4) The LEA shall inform the student's parent or guardian who provided
written authorization for the student to possess and self-administer rescue
seizure medication that the school and its employees and agents are not liable
as a result of any injury sustained by the student or another person from
possession or self-administration of the rescue seizure medication. The
student's parent or guardian must sign a statement acknowledging that the
school is not liable, and the parent or guardian must indemnify and hold harmless
the school and its employees against any claims relating to the possession or
self-administration of the rescue seizure medication. This subdivision (h)(4) does
not relieve liability of the school or its employees for willful or wanton misconduct.
(5) Unless subsequently rescinded in writing, the authorization is
effective for the entirety of the school year in which it is granted. The LEA may
suspend or revoke the student's possession and self-administration privileges if
the student misuses the rescue seizure medication or makes the rescue seizure

- 3 - 000640

medication available for usage by another person. If a student uses the
medication in a manner other than prescribed, then the student may be subject to
disciplinary action under the school codes.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.