New Tennessee law stirs debate over school medical treatment

NASHVILLE, Tenn. (WZTV) — A new state law regarding parental rights is raising questions and concerns.

It gives parents a choice about whether their child can receive medical treatment and counseling at school in non-emergency situations.

If parents refuse to sign the form, their children will only receive emergency treatment.

At first, school nurses questioned whether they could put a bandaid on a child if they were bleeding.

State Senator Ferrell Haile, one of the law's sponsors, explains this falls under the emergency clause where a treatment like this is allowed, but some nurses still fear being sued or losing their license.

Senator Haile says the goal was to put parents in the driver's seat when it comes to their child's medical and psychological treatment.

Haile explains concerns included children being given medications at schools without their permission.

This law requires a form allowing parents to say "Yes" or "No."

“Teachers operate in fear of being sued all the time," JC Bowman, CEO of Professional Educators of Tennessee, said. "You’ve got guidance counselors, school nurses, people who deal intricately with children every day."

Bowman supports the law, but he wants lawmakers to provide school staff with some clarity and guidance.

FOX 17 News’ Kaitlin Miller asked Bowman, “School nurses are scared you know that they could get their license revoked if they were to respond to a child. What would you have to say to these school nurses?”

“I don’t see that playing out,"Haile responded. "What we’re looking at is the best interest of the child. Nurses in schools have the best interest of the child.”

Even so, the law says a staff member must receive parental consent before treating, diagnosing or prescribing for any physical ailment, injury or deformity.

It is clear emergency assistance can be provided, but what's not so clear is what constitutes an emergency and how that applies to counseling.

Bowman says there have been problems in Iowa, which passed a similar law.

“They discovered that they saw child abuse claims going down because they couldn’t report because parents wouldn’t give permission,” Bowman said.

Haile says he is open to amending the law if more questions arise.

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