School nurses in Tennessee are concerned about losing their licenses due to a new law that may restrict their ability to treat students.

The new law in Tennessee requiring parental consent before administering medical or psychological treatment to students has left school nurses and other education officials perplexed and in need of clarification.

Under the new Families' Rights and Responsibilities Act, government entities and healthcare providers are prohibited from providing medical treatment, diagnosis, prescriptions, or psychological counseling to children without obtaining parental consent, except in emergency situations.

According to the law, a violation of this practice is an illegal act and can lead to the healthcare provider's licensing authority suspending, revoking, or refusing to renew their license, or taking other disciplinary action allowed by law.

The new measure took effect in July, coinciding with the beginning of the 2024-2025 school year, causing some nurses to question how they can provide care to students in non-emergency situations without facing repercussions.

On Wednesday, JC Bowman, CEO of the Professional Educators of Tennessee, stated to Planet Chronicle Digital that school nurses were not consulted on the matter.

Bowman, in his role, communicates with nurses, teachers, and other professionals in the education sector in Tennessee. While he acknowledges the strengths of the bill, he believes certain sections require improvement.

Currently, there is a nursing shortage, and two nurses I spoke to mentioned that they could earn $100,000 at HCA. One of them even left to work at the VA, where she is now making $116,000. She stated, "I'm not doing this anymore" while working as a school nurse.

"School nurses who come in and love the kids are motivated by the reason for their work and the satisfaction they get from it. However, the trickle-down effect may lead nurses, guidance counselors, and teachers to abandon their careers due to the fear of making mistakes and facing legal consequences."

Bowman said he knows other nurses who are looking to leave as well.

Some question whether providing a Band-Aid for a bleeding wound to a student is an emergency under the law and could lead to consequences.

Sen. Ferrell Haile, a Republican who sponsored the bill, could not be reached for comment in time for publication, but previously stated that concerns that nurses could have their licenses pulled will not "play out."

The child's best interest is what we are considering, as stated by the nurse in schools.

The report stated that Haile said the legislation aimed to give parents control over their child's physical and mental health treatments at school, and he is open to changing the law if more questions arise.

Another Republican, State Rep. Jeremy Faison, praised the bill, stating that it legally establishes parents' right to direct their children's lives.

Tennessee Gov. Bill Lee acknowledged that modifications to the law might be necessary, according to a report from another local outlet.

""In the General Assembly, it often occurs that a law is passed, followed by an adjustment the next year, and possibly another adjustment the following year, as predicting every outcome is not always feasible," Lee stated."

Currently, parents are required to sign a waiver for their child to receive non-emergency care at school.

The Tennessee Association of School Nurses Executive Board recommended that lawmakers change the language from active consent to an option to opt out in the policy.

Republican State Rep. Kevin Raper, who also co-sponsored the bill, believes the wording is acceptable.

He stated that he was satisfied with the wording, but cautioned against saying too much, as it could lead to litigation.

The law safeguards parental supervision in various ways, including requiring consent before storing a child's biometric data or before a government agency records their child. However, Bowman highlights that this is particularly problematic for ELL (English language learner) students.

Videos are used to assess a child's mastery of English fluency during ELL instruction. The child is recorded during the test to provide proof of their language proficiency.

"A meeting was held to discuss how to handle the conflict between federal and state laws regarding ELL kids' education."

If the parents of the children do not speak English, it poses an additional challenge in obtaining consent forms read and signed as required.

Bowman clarified that he doesn't completely oppose the bill.

"We advocate for parental involvement in their child's education at all levels," he stated.

In other states, such as Florida, Idaho, Texas, Oklahoma, Montana, Iowa, and Arizona, there are laws that mandate parental consent before school officials can provide medical treatment for minor ailments.