This rule requires physicians, other medical professionals, and chief administrative officers of hospitals, clinics, or dispensaries to report drug overdoses involving K-12 students to the local school superintendent within seven calendar days, using a form provided by the Tennessee Department of Health. Reports must include the type of drug, the name of the school, and the reporting authority's name and address, but no patient identifiers. Failure to report constitutes professional misconduct subject to disciplinary action. The rule governs a public health reporting obligation, not the licensing or operating standards of any behavioral health facility.
View official sourceDecember, 2022 (Revised) 1 RULES OF THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CHAPTER 0940-06-03 DRUG OVERDOSE BY STUDENT TABLE OF CONTENTS 0940-06-03-.01 Definitions 0940-06-03-.02 Required Data Elements 0940-06-03-.03 Submission Time Line 0940-06-03-.04 Penalty for Failure to Report 0940-06-03-.05 Confidential Information 0940-06-03-.01 DEFINITIONS. “Drug”, as used in these rules, means any of the substances treated as controlled substances under T.C.A. Title 39, Chapter 17, Part 4. Authority: T.C.A. §§ 4-5-202 and 68- 24-301 and Executive Order 44 (February 23, 2007) . Administrative History: Original rule filed August 17, 1997; effective October 27, 1997. Rule transferred from 1200-30-02 on May 15, 2008, pursuant to Executive Order 44 (February 23, 2007). 0940-06-03-.02 REQUIRED DATA ELEMENTS. (1) Who must report: (a) Every physician or other medical professional who makes a diagnosis of or treats a person, who is believed to be enrolled in school in a K through 12 grade, for a drug overdose. (b) Every chief administrative officer of a hospital, clinic, or dispensary in which there i s a case of drug overdose of such a person. (2) Data to be reported: The following data for each reported overdose shall be provided to the appropriate public sc hool superintendent on a form provided by the Tennessee Department of Health. Each report shall contain no other information. (a) Type of drug (b) Name of school in which student is enrolled (c) Name and address of reporting authority Authority: T.C.A. §§ 4-5-202 and 68- 24-301301 and Executive Order 44 (February 23, 2007) . Administrative History: Original rule filed August 7, 1997; effective October 27, 1997. Rule transferred from 1200-30-02 on May 15, 2008, pursuant to Executive Order 44 (February 23, 2007). 0940-06-03-.03 SUBMISSION TIME LINE. All required data shall be submitted on the form provided by the Department of Health to the local school superintendent within seven (7) calendar days of the overdose. Authority: T.C.A. §§ 4-5-202, 68- 1-104(l), and 68- 24-301301 and Executive Order 44 (February 23, 2007). Administrative History: Original rule filed August 7, 1997; effective October 27, 1997. Rule transferred from 1200-30-02 on May 15, 2008, pursuant to Executive Order 44 (February 23, 2007). DRUG OVERDOSE BY STUDENT CHAPTER 0940-06-03 December, 2022 (Revised) 2 0940-06-03-.04 PENALTY FOR FAILURE TO REPORT. Any person who fails to perform the duties imposed by T.C.A. § 68-24-301 is guilty of professional misconduct and for that failure is subject to professional discipline by the licensing agency or employment disciplinary action by the employer. Authority: T.C.A. §§ 4-5-202 and 68- 24-301 and Executive Order 44 (February 23, 2007) . Administrative History: Original rule filed August 7, 1997; effective October 27, 1997. Rule transferred from 1200-30-02 on May 15, 2008, pursuant to Executive Order 44 (February 23, 2007). 0940-06-03-.05 CONFIDENTIAL INFORMATION. (1) All information reported under this part is confidential. (2) In no event may patient identifiers be collected. Authority: T.C.A. §§ 4-5-202 and 68- 24-301301 and Executive Or der 44 (February 23, 2007) . Administrative History: Original rule filed August 7, 1997; effective October 27, 1997. Rule transferred from 1200-30-02 on May 15, 2008, pursuant to Executive Order 44 (February 23, 2007).