New Parental Rights Law Leads To Additional School Medical Consent Forms

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The Tennessee Conservative [By David Seal] –

Parents of Tennessee public-school students are seeing something new this school year as they sign a myriad of paperwork brought home by their children, among those a new medical consent form. With phones ringing, dogs barking, and bread burning in the oven, the papers are often signed by busy parents without proper scrutiny.

“I remember when my kids were in public school and having a large stack of papers to sign at the beginning of each year. I did what most parents do, and just signed without thinking about it. But gone are the days when the school nurse was the only “health care professional” our kids would deal with, and the school counselor was there to help guide students on what they wanted to do after high school. Now we have mental health counselors in every school in our county. Do these counselors fall under “other health care professionals?” Because it seems so.  I wonder if parents realize the slippery slope we are on.” – Michelle Jinnette, Parent of Two Children

A well-intended new code section, created by the Tennessee Legislature in the 2024 session, aims to codify the rights of parents to raise and care for their children without interference from government. However, it has prompted certain school districts to seek blanket consent for medical treatment of students.

The act states in part, “The liberty of a parent to the care, custody, and control of the parent’s child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right.”

With respect to the medical care of a minor, the act also includes the following language.

“Except as otherwise provided by statutory law, case law, or court order, a government entity, a healthcare provider, or any other person shall not knowingly take any of the following actions with regard to a minor without first obtaining the consent of a parent of the minor: 

(1) Treat, profess to diagnose, operate on, or prescribe for any physical ailment, physical injury, or deformity; 

(2) Prescribe, dispense, deliver, or administer any drug or medication; 

(3) Render psychological services specified in §§ 63-11-202 and 63-11-203; or 

(4) Render counseling services specified in§ 63-22-122. 

(c) This section does not apply when: (1) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (b );”

One school system in East Tennessee has created a form pursuant to the new law that gives parents the option of providing blanket consent to the district nursing staff “to treat any non-emergency health conditions” and “to follow medical orders received from ……other health care professionals.”

A copy of the consent form is provided here for review.

The form uses a carrot and stick approach to persuade parents to give broad consent for non-emergency medical treatment.

The stick is language within the form that compels parents to report to the school immediately to deal with medical issues. If the parent fails to comply, or withholds medical consent, the school system has discretion to call 911 for emergency treatment and that parents may be “responsible for any charges.”

The carrot is a phrase on the form that minimizes, without an exhaustive list, what non-emergency conditions are, citing “stomachache, headache, vomiting, cuts and abrasions, nose bleeds, etc.”

Parents are advised to read and scrutinize all school-related forms before signing.

About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award. David can be reached at david@tennesseeconservativenews.com.