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Drugs, Prescription - As enacted, authorizes a healthcare practitioner to prescribe and a pharmacist to dispense a prescribed, bronchodilator rescue inhaler to an authorized entity to be administered to a person believed, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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   ~tate of \!rennessee

PUBLIC CHAPTER NO. 346

                                                  HOUSE BILL NO. 760

  By Representatives Darby, Terry, Miller, Behn, Alexander, Hardaway, Hakeem, Helton-
                           Haynes, Towns, Glynn, Lynn, Davis, Capley, Littleton

                                        Substituted for: Senate Bill No. 817

                  By Senators Lowe, Akbari, Yarbro, Campbell, Harshbarger, Rose

         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;

                              (4) "Healthcare practitioner" means a physician or other healthcare
                    provider licensed pursuant to title 63 who has prescriptive authority; and

                               (5) "Standing protocol" means 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.

                     (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.
HB760

                    (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 then:

                              (1) 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;

                              (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; and

                              (3) The dispensing pharmacist is not liable for the injury unless the
                    dispensing pharmacist dispensed the prescription with intentional disregard for
                    safety.

                    (g) The board of pharmacy is authorized to promulgate rules to effectuate this
          section. The rules must be promulgated in accordance with the Uniform Administrative
           Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.

           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 licensed pursuant to title 63 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 practitioner.

                     (d) The state board of education, in consultation with the department of health,
           shall promulgate rules to develop clinical protocols for administering a bronchodilator
           rescue inhaler. The rules must be promulgated in accordance with the uniform
           administrative procedures act, compiled in title 4, chapter 5.

                      (e)

                               (1) 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.

                                                                 2
HB760
                              (2) An 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 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. For the purposes of promulgating rules, this act takes effect upon
becoming a law, the public welfare requiring it. For all other purposes, this act takes effect July
1, 2026, the public welfare requiring it.

                                                                 3
         HOUSE BILL NO. 760

PASSED:  April 14, 2025

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                             CAMERON SEXTON, SPEAKER
                            HOUSE OF REPRESENTATIVES

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                         '-  RANDY MCttJ

                             SPEAKER OF THE SENATE

VY\o., r :2.. APPROVED this
         "'->-:iay of        2025

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BILL LEE, GOVERNOR
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