Editorial: Confusion over law imperils school flu shot clinics

Fall is synonymous with the start of flu season, and experts are beginning to prepare for what could be another bad year, but perhaps even more so in Tennessee after a new law was passed having to do with parental rights over adolescent vaccinations.In May, Gov. Bill Lee signed the Mature Minor Doctrine Clarification Act. The "mature minor doctrine" is a common- law rule in the U.S. that allows a mature adolescent to give consent for medical care — for purposes of this discussion, a flu shot. State Republican lawmakers have taken that decision away from them.At the height of the COVID pandemic, Tennessee's former vaccine chief distributed a memo to health care providers outlining the state's policy on vaccinating teens without parental consent. That memo angered GOP leaders and got the former vaccine chief fired from her job at the state health department, whereupon lawmakers set about "clarifying" the law.It now requires the "written consent" of a parent or legal guardian before a health care provider may give a flu vaccination. That's been common practice over the years, but health care providers seem to be overreacting and are doing away with flu vaccination clinics in schools.Last fall, dozens of districts closed across the state due to flu outbreaks. According to Sullivan County Regional Health Department Medical Director Stephen May, the law "all but" requires a parent or legal guardian to be with the student when the shots are given. Either it does, or it doesn't. And as we read it, it doesn't.Previously, parents or guardians signed a permission form and sent it to the school. That's what the new law requires. It does not require a parent be present. But according to Diane Copas, a registered nurse who is school health services director for the county school system, "this is a huge impact on the care we are giving."Copas said during the school inoculation events, about one-fourth of the more than 8,000 county students get their shots. Schools will be at much greater risk for outbreaks if that changes significantly.Also complicating the situation is a notice from the Johnson City-based Northeast Regional Health Office, which covers seven area counties.The notice stated that "Due to the complexity of a school flu clinic, not having the parent present and relying on school staff to identify the child, our nursing staff feels that the benefits don't outweigh the risk. It is with deep regret and only after lots of consideration that we (the health department) arrived at a decision not to offer the flu clinics in the schools this year. We are working to plan some events to make it convenient for children to get their flu vaccines."So the health office feels it can't rely on school staff to identify the students they teach? Really?May asked the pertinent question: "Are we providing informed consent by just providing a consent form sent home from the school?" That question needs to be asked of the state health department.