\"Brentson\'s Law\" becomes \"THE LAW\" In Tennessee Tuesday 06/20/06 signed by Gov.

Posted on: Tue, 06/20/2006 - 11:47pm
Laura Duke's picture
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Joined: 01/26/2006 - 09:00

This is the email that I sent the Principal & THE MNPS Board Members that refused to help protect Brentson and other children with anaphylaxis food allergies!
June 20, 2005

Principal C.L.H. & Other MNPS School Board Members:

June 20, 2005 the date "Brentson's Law" became "THE LAW" in the state of Tennessee to protect "ALL CHILDREN" with anaphylaxis food allergies. The same children that Metro Nashville Public Schools "REFUSED" to protect in September of 2005 following "Brentson Duke's" near death experience at Taylor Stratton Elementary!

Do any of you at the Board of Education and/or Principal C.L.H. remember what you were doing on 09/12/2005 around 10:00 am? You probably don't but let me refresh your memory. This is "THE DATE & THE TIME" that I received a phone call telling me that my child was having an allergic reaction. This is "THE DAY" that my child and I will "NEVER" forget! This is "THE DAY" that my child almost lost his life due to a severe anaphylactic reaction that he had at Taylor Stratton Elementary by him unknowingly coming into contact with someone that had eaten peanut butter! Does 09/22/2005 ring a bell for any of you? Well, this is "THE DAY" that Principal C.L.H. finally returned my phone call from Monday 09/12/2005 when my child almost died at Taylor Stratton! Principal C.L.H. finally gets the time to return my phone call "NINE BUSINESS DAYS" after my child almost died in her care! However, she only returned my call after Dr. G.P. (with the Metro Nashville Public School System) "MADE HER" and only after Heather Orne with News Channel 2 started calling the Board of Education! My mother taught me at an early age that an ounce of compassion goes a long way. Evidently, no one at the "Board of Education nor Principal C.L.H." were taught this by their parents! Therefore, due to the lack of concern by the Board of Education for the welfare and well being of "ALL" of these children led me to the decision that something had to be done!
What was done is "BRENTSON'S LAW!" June 20, 2006 the date "Brentson's Law" became "THE LAW" in the state of Tennessee to protect "ALL CHILDREN" with anaphylaxis food allergies. The same children that Metro Nashville Public Schools "REFUSED" to protect in September of 2005 following "Brentson Duke's" near death experience at Taylor Stratton Elementary!

I bet "YOU ALL" will remember "THIS DATE!"

Sincerely,
Laura & Brentson Duke
[email]7051996@bellsouth.net[/email]

Posted on: Wed, 06/21/2006 - 12:11am
Daisy's picture
Offline
Joined: 01/16/2006 - 09:00

Way to go Laura!
You not only are protecting your son, but many other children. So cool, as DD would say!
Could you post a copy of the bill?
Daisy

Posted on: Wed, 06/21/2006 - 3:13am
Laura Duke's picture
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Joined: 01/26/2006 - 09:00

Information on this page is generally current to within an hour.
SB2883 by *Haynes, *Black, *Finney, *Bowers, *Bryson, *Burchett, *Burks, *Cohen, *Cooper, *Crowe, *Crutchfield, *Fowler, *Harper, *Haynes, *Henry, *Herron, *Jackson, *Ketron, *Kilby, *Kurita, *Kyle, *McLeary, *McNally, *Miller, *Norris, *Person, Curtis, *Ramsey, *Southerland, *Tracy, *Wilder, *Williams, *Woodson. (*HB2442 by *Moore, *Jones S, *Hackworth, *Marrero, *Cobb, *Eldridge, *Favors, *Brown, *Rowe, *Turner M, *Brooks (Knox), *McCormick.)
Education - Requires the department of education in conjunction with the department of health to develop and make available to each LEA guidelines for the management of students with life-threatening food allergies; requires the LEAs to implement plans based on the guidelines by July 1, 2007. - Amends TCA Section 49-5-415.
Fiscal Summary for SB2883 / *HB2442
Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant
Bill Summary for SB2883 / *HB2442
This bill would require the department of education to develop guidelines for the management of students with life-threatening food allergies no later than January 1, 2007. These guidelines would include, but not be limited to:
(1) Education and training of school personnel on proper medication procedures and care for students with such allergies;
(2) Procedures for responding to allergic reactions;
(3) Development of individualized health care and action plans for every student with such an allergy; and
(4) Protocols to prevent allergen exposure.
Based on these guidelines, this bill would require each LEA to implement, by July 1, 2007, a management plan for students suffering from such allergies.
ON MARCH 27, 2006, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2442, AS AMENDED.
AMENDMENT #1 Adds a preamble to this bill and adds a short title to this bill, "Brentson's Law", in reference to Brentson Duke who almost lost his life due to a food allergy.
ON MAY 8, 2006, THE SENATE REQUESTED THE GOVERNOR TO RETURN HOUSE BILL 2442.
ON MAY 15, 2006, THE HOUSE RETURNED HOUSE BILL 2442 TO THE SENATE.
ON MAY 25, 2006, THE SENATE LIFTED HOUSE BILL 2442 FROM THE TABLE, RECONSIDERED ITS ACTION IN PASSING HOUSE BILL 2442, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 2442, AS AMENDED.
AMENDMENT #3 adds the following subject to those that are required to be covered by the guidelines for the management of students with life-threatening food allergies:
(1) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;
(2) Development of communication strategies between individual schools and local providers of emergency medical services;
(3) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas;
(4) Procedures for the dissemination of information on life threatening food allergies to school staff, parents, and students, if appropriate by law;
(5) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;
(6) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;
(7) Development of extracurricular programs related to anaphylaxis;
(8) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by such children; and
(9) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
Also, present law authorizes a student with anaphylaxis to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if the medication was prescribed for the student, the self-administration is done in compliance with the prescription, and the child's parent provides to the school:
(1) Written parental authorization for the student to self-administer prescription anaphylaxis medication;
(2) A written statement waiver of liability; and
(3) A written statement from the student's health care provider.
The statement from the student's health care provider must state:
(1) That the student has anaphylaxis and is capable of self-administering the prescription anaphylaxis medication;
(2) The name and purpose of the medication;
(3) The prescribed dosage for the medication;
(4) The times at which or circumstances under which the medication may be administered; and
(5) The period of time for which the medication is prescribed.
This amendment would change the information that is required to be included in the health care provider's statement by requiring that the statement:
(1) Supports a diagnosis of anaphylaxis;
(2) Identifies any food or other substances to which the student is allergic;
(3) Describes, if appropriate, any prior history of anaphylaxis;
(4) Lists any medication prescribed for the child for the treatment of anaphylaxis;
(5) Details emergency treatment procedures in the event of a reaction;
(6) Lists the signs and symptoms of a reaction;
(7) Assesses the student's readiness for self-administration of prescription medication; and
(8) Provides a list of substitute meals that may be offered by school food service personnel.

Posted on: Thu, 06/29/2006 - 1:24pm
mistey's picture
Offline
Joined: 01/18/2004 - 09:00

Advocacy in action! I LOVE it! Great job, Laura!

Posted on: Wed, 06/21/2006 - 12:11am
Daisy's picture
Offline
Joined: 01/16/2006 - 09:00

Way to go Laura!
You not only are protecting your son, but many other children. So cool, as DD would say!
Could you post a copy of the bill?
Daisy

Posted on: Wed, 06/21/2006 - 3:13am
Laura Duke's picture
Offline
Joined: 01/26/2006 - 09:00

Information on this page is generally current to within an hour.
SB2883 by *Haynes, *Black, *Finney, *Bowers, *Bryson, *Burchett, *Burks, *Cohen, *Cooper, *Crowe, *Crutchfield, *Fowler, *Harper, *Haynes, *Henry, *Herron, *Jackson, *Ketron, *Kilby, *Kurita, *Kyle, *McLeary, *McNally, *Miller, *Norris, *Person, Curtis, *Ramsey, *Southerland, *Tracy, *Wilder, *Williams, *Woodson. (*HB2442 by *Moore, *Jones S, *Hackworth, *Marrero, *Cobb, *Eldridge, *Favors, *Brown, *Rowe, *Turner M, *Brooks (Knox), *McCormick.)
Education - Requires the department of education in conjunction with the department of health to develop and make available to each LEA guidelines for the management of students with life-threatening food allergies; requires the LEAs to implement plans based on the guidelines by July 1, 2007. - Amends TCA Section 49-5-415.
Fiscal Summary for SB2883 / *HB2442
Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant
Bill Summary for SB2883 / *HB2442
This bill would require the department of education to develop guidelines for the management of students with life-threatening food allergies no later than January 1, 2007. These guidelines would include, but not be limited to:
(1) Education and training of school personnel on proper medication procedures and care for students with such allergies;
(2) Procedures for responding to allergic reactions;
(3) Development of individualized health care and action plans for every student with such an allergy; and
(4) Protocols to prevent allergen exposure.
Based on these guidelines, this bill would require each LEA to implement, by July 1, 2007, a management plan for students suffering from such allergies.
ON MARCH 27, 2006, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2442, AS AMENDED.
AMENDMENT #1 Adds a preamble to this bill and adds a short title to this bill, "Brentson's Law", in reference to Brentson Duke who almost lost his life due to a food allergy.
ON MAY 8, 2006, THE SENATE REQUESTED THE GOVERNOR TO RETURN HOUSE BILL 2442.
ON MAY 15, 2006, THE HOUSE RETURNED HOUSE BILL 2442 TO THE SENATE.
ON MAY 25, 2006, THE SENATE LIFTED HOUSE BILL 2442 FROM THE TABLE, RECONSIDERED ITS ACTION IN PASSING HOUSE BILL 2442, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 2442, AS AMENDED.
AMENDMENT #3 adds the following subject to those that are required to be covered by the guidelines for the management of students with life-threatening food allergies:
(1) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;
(2) Development of communication strategies between individual schools and local providers of emergency medical services;
(3) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas;
(4) Procedures for the dissemination of information on life threatening food allergies to school staff, parents, and students, if appropriate by law;
(5) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;
(6) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;
(7) Development of extracurricular programs related to anaphylaxis;
(8) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by such children; and
(9) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
Also, present law authorizes a student with anaphylaxis to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if the medication was prescribed for the student, the self-administration is done in compliance with the prescription, and the child's parent provides to the school:
(1) Written parental authorization for the student to self-administer prescription anaphylaxis medication;
(2) A written statement waiver of liability; and
(3) A written statement from the student's health care provider.
The statement from the student's health care provider must state:
(1) That the student has anaphylaxis and is capable of self-administering the prescription anaphylaxis medication;
(2) The name and purpose of the medication;
(3) The prescribed dosage for the medication;
(4) The times at which or circumstances under which the medication may be administered; and
(5) The period of time for which the medication is prescribed.
This amendment would change the information that is required to be included in the health care provider's statement by requiring that the statement:
(1) Supports a diagnosis of anaphylaxis;
(2) Identifies any food or other substances to which the student is allergic;
(3) Describes, if appropriate, any prior history of anaphylaxis;
(4) Lists any medication prescribed for the child for the treatment of anaphylaxis;
(5) Details emergency treatment procedures in the event of a reaction;
(6) Lists the signs and symptoms of a reaction;
(7) Assesses the student's readiness for self-administration of prescription medication; and
(8) Provides a list of substitute meals that may be offered by school food service personnel.

Posted on: Thu, 06/29/2006 - 1:24pm
mistey's picture
Offline
Joined: 01/18/2004 - 09:00

Advocacy in action! I LOVE it! Great job, Laura!

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