Editorial: Vague wording in new law could prevent students getting first aid

Because the Tennessee General Assembly failed its responsibility to be thorough in legislation that it approves, parents of every student in a Tennessee public school must provide written consent for treatment in the event their child needs a Band-Aid for a minor cut, ointment for a scraped knee, or an ice pack for a bruise while under school custody.If Kingsport parents want their child to receive such care, this form must be on file. City school district residents may complete it online here: tinyurl.com/yc6b7h2z.This situation results from the Tennessee Families' Rights and Responsibilities Act, which went into effect July 1. The law received scant public attention when it wound its way through the legislature earlier this year and contains some very good language enumerating the fundamental rights of parents in a broad range of areas. It also provides for legal actions for violations.There were key areas where Tennessee had no protections recognizing parental rights to raise their children, including requiring school authorities to honor parents' decisions and provide transparency so parents know what their child is being taught, ensuring medical providers obtain parental consent before providing mental or physical health services to a child, and providing parents a clear legal remedy when their rights are violated.The bill recognizes that the liberty of parents to direct the care and upbringing of their children is a fundamental right and that government can only interfere with those rights in exceptional circumstances such as preventing physical abuse.And it requires all health care providers to obtain parental permission before providing mental or physical health care services to a child, except in certain narrow circumstances.But those circumstances were ill-defined. Schools may act in an emergency, but what constitutes an emergency is open to question, and if school nurses act without parental consent, they could lose their license.As it stands, if a first-grader scrapes their knee or a high school student cuts their elbow, the school must wait for the parent's consent before providing most if not all of the basic first aid that was once administered.Although the law is intended to protect parental rights and ensure children are not harmed, it could lead to delays in treatment if consent is not given quickly.For this reason, most schools around the state are attempting to have a signed consent form on hand before any medical care is needed.And that includes Kingsport, which recently passed such a requirement. Parents should have received a letter outlining the necessary steps. Another consequence of the law is that public health clinics can no longer give teens access to routine health care including birth control, sexually transmitted infection treatment, and pregnancy tests without parental consent, according to the State Health Department's interpretation of the law.Before the law took effect, teens 14 and up could access contraceptives, HIV and pregnancy tests, and a range of primary health care from public health clinics on their own. Now, they must bring a parent with them or allow staff to obtain verbal parental consent over the phone.Do you support or oppose this aspect of the new law? We'd like to hear your opinion at letters@timesnews.net.As it stands, if a first-grader scrapes their knee or a high school student cuts their elbow, the school must wait for the parent's consent before providing most if not all of the basic first aid that was once administered.