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School nurses and counselors feel restricted after new Tennessee law takes effect

NASHVILLE, Tenn. (WSMV) – The new school year has been about two weeks old in Tennessee, but school nurses aren’t sure what they can and can’t do.

In July, a new law came into force that allows parents alone to care for their child. But what happens if their child has an emergency at school and they are not there?

School nurses have a large amount of medicines and dressings on hand, but which supplies they can use depends on the Family Rights and Responsibilities Act, which came into force on July 1.

By law, a school nurse can help a child in an emergency. However, for non-emergency cases, such as cuts, illnesses or ice packs, they must contact the child’s parents first.

“It was poorly implemented,” said JC Bowman, executive director of the Professional Educators of Tennessee. “And they’re still waiting for guidance from the Tennessee Department of Education.”

While Bowman agrees that parents should have choices about their children’s lives, she worries that school nurses could get into trouble if they don’t take the right steps.

In fact, the law states that they could “suspend, revoke, or refuse to renew” their license.

“I think more teachers will think about whether they want to stay in this profession,” Bowman said.

WSMV4 reached out to the board of the Tennessee Association of School Nurses. A statement read, in part:

“The new Family Rights and Responsibilities Act addresses the provision of school nursing services for non-emergency care only. When the law went into effect, schools quickly sought legal advice from their district to interpret the law. School nurses and school staff can and will provide emergency care based on training and protocols.

Our recommendation to legislators would be to change the wording from active consent to an opt-out option.”

Governor Bill Lee said he would also consider changes.

“You see that a lot in the General Assembly,” he told the media last week. “A law is passed. Next year, that law is amended.”

Currently, schools have consent forms that parents can sign so that school nurses can assist in non-urgent cases.

WSMV4 has also reached out to the Tennessee Department of Education to find out how this will be implemented.

They sent a statement which reads in part:

“We are reviewing the passed law and the questions we have received from school districts to determine whether the department will issue general guidance on implementation.”

Bowman believes this should have been done from the beginning.

“And we could have avoided all of this if we had received guidance from the Ministry of Education in advance,” he said.

Bowman suggested that teachers should carry liability insurance.

By Bronte

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