Tennessee - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law addresses allergy plan.

Tennessee Code Annotated 49-50-1602. Assistance in self-administration of medications

(e) (1) A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if:

* **(A)** The prescription anaphylaxis 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 health care provider; and

* **(C)** A parent of the student provides to the school:

  * **(i)** Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity;

  * **(ii)** A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and

* **(iii)** A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that:

  * ***(a)*** Supports a diagnosis of anaphylaxis;

  * ***(b)*** Identifies any food or other substances to which the student is allergic;

  * ***(c)*** Describes any prior history of anaphylaxis, if appropriate;

  * ***(d)*** Lists any medication prescribed for the child for the treatment of anaphylaxis;

  * ***(e)*** Details emergency treatment procedures in the event of a reaction;

  * ***(f)*** Lists the signs and symptoms of a reaction;

  * ***(g)*** Assesses the student's readiness for self-administration of prescription medication; and

  * ***(h)*** Provides a list of substitute meals that may be offered by school food service personnel.
  • (2) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.

  • (3) If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes.

(f) (1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to:

* **(A)** Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector;

* **(B)** Procedures for responding to life-threatening allergic reactions to food;

* **(C)** Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;

* **(D)** Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response;

* **(E)** Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria;

* **(F)** Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law;

* **(G)** Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;

* **(H)** Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;

* **(I)** Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends;

* **(J)** Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and

* **(K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.  

Tennessee Code Annotated 49-50-1602. Assistance in self-administration of medications

(e) (1) A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if:

* **(A)** The prescription anaphylaxis 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 health care provider; and

* **(C)** A parent of the student provides to the school:

  * **(i)** Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity;

  * **(ii)** A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and

* **(iii)** A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that:

  * ***(a)*** Supports a diagnosis of anaphylaxis;

  * ***(b)*** Identifies any food or other substances to which the student is allergic;

  * ***(c)*** Describes any prior history of anaphylaxis, if appropriate;

  * ***(d)*** Lists any medication prescribed for the child for the treatment of anaphylaxis;

  * ***(e)*** Details emergency treatment procedures in the event of a reaction;

  * ***(f)*** Lists the signs and symptoms of a reaction;

  * ***(g)*** Assesses the student's readiness for self-administration of prescription medication; and

  * ***(h)*** Provides a list of substitute meals that may be offered by school food service personnel.
  • (2) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.

  • (3) If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes.

(f) (1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to:

* **(A)** Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector;

* **(B)** Procedures for responding to life-threatening allergic reactions to food;

* **(C)** Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;

* **(D)** Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response;

* **(E)** Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria;

* **(F)** Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law;

* **(G)** Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;

* **(H)** Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;

* **(I)** Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends;

* **(J)** Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and

* **(K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.  

Tennessee Code Annotated 49-50-1602. Assistance in self-administration of medications

(2) Each LEA shall implement a plan based on the guidelines developed pursuant to subdivision (f)(1) for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction.

(3)

  • (A) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat allergic reaction in the event a student's personal epinephrine auto-injector is not available or the student is having a reaction for the first time.

  • (B) Each school in an LEA and each nonpublic school is authorized to maintain at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, epinephrine auto-injectors so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction.

  • (C) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe epinephrine auto-injectors in the name of an LEA or nonpublic school to be maintained for use in schools when necessary.

  • (D) When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse or other trained school personnel may utilize the LEA or nonpublic school supply of epinephrine auto-injectors to respond to an anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in all its branches.

  • (E) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed to an LEA or nonpublic school under this subdivision (f)(3), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety.

  • (F) Similarly, if a student is injured or harmed due to administration of epinephrine to the student by a school nurse or other trained school personnel under this subdivision (f)(3), the school nurse or school employee shall not be held responsible for the injury unless the school nurse or school employee administered the epinephrine injection with an intentional disregard for safety.

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