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Tennessee law triggers anxiety for school nurses who fear they could lose license for treating students

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Tennessee law triggers anxiety for school nurses who fear they could lose license for treating students

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Some school nurses and other education officials in Tennessee say a new law requiring parental consent before rendering medical or psychological treatment to students has left them scratching their heads in need of clarity.

The new Families’ Rights and Responsibilities Act bars government entities or health care providers from treating, operating on, diagnosing, offering prescriptions or rendering psychological counseling to children without first obtaining parental consent, except in emergency situations.

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“A violation of this practice is an unlawful practice and is grounds for the offending healthcare provider’s licensing authority to suspend, revoke, or refuse to renew the healthcare provider’s license or take other disciplinary action allowed by law,” the law’s text reads.

The measure went into effect in July, just in time for the start of the 2024-2025 school year, leading some nurses to wonder to what extent they can tend to students in non-emergency situations without facing consequences.

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According to local reports, nurses are concerned that the definition of an “emergency” situation is not clearly defined. (BSIP/Universal Images Group via Getty Images)

“School nurses in particular – they weren’t consulted on this,” JC Bowman, CEO of the Professional Educators of Tennessee, told Fox News Digital on Wednesday.

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In his capacity, Bowman represents and interacts with nurses, teachers, and other members of the education community across the Volunteer State. He believes there are good components of the bill, but some areas need work.

“There’s a nursing shortage right now, and a couple of nurses that I have talked to… one of the things that they were telling me is, ‘Look I can go right over to HCA and make $100,000. One of them actually left and went to the VA is making like $116,000, and she said ’I’m not doing this anymore’ [working as a school nurse],” he said.

“But they come in and become school nurses, and they love the kids. They love the reason for doing it and coming there, but what you’re going to see, I think, is the trickle-down effect, where nurses and particular guidance counselors as well, even teachers, are going to start walking away from the field because they don’t want to make a mistake… they don’t want to inadvertently do something, and then all of a sudden, they’re in serious trouble and involved in the court system.”

Bowman said he knows other nurses who are looking to leave as well.

Without specific guidelines regarding what constitutes an emergency under the law as it is written, some wonder whether simple measures like offering a student a Band-Aid for a bleeding wound is a step too far and could have repercussions.

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State Sen. Ferrell Haile, a Republican who sponsored the bill, could not be reached for comment in time for publication, but previously told FOX 17 in Nashville he doesn’t believe concerns that nurses could have their licenses pulled will “play out.”

“What we’re looking at is the best interest of the child. Nurses in schools have the best interest of the child,” he said.

OPINION: I’M A MOM OF 3 SCHOOL-AGED CHILDREN AND WE NEED TO PROTECT PARENTS’ RIGHTS INSIDE THE CLASSROOM

A school nurse talks with a student who doesn’t feel well. Several states have laws requiring parental permission for non-emergency treatment. (Jack Milton/Portland Press Herald via Getty Images)

Haile also said the legislation aimed to put parents in control of their child’s physical and mental health treatments at school, and he is open to changing the law if more questions emerge, the report stated.

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State Rep. Jeremy Faison, another Republican, also spoke positively of the bill, saying it “puts into law that parents truly have the right for the direction of their children and their life.”

Another local outlet said Tennessee Gov. Bill Lee noted that changes to the law may be warranted.

“You see that happen in the General Assembly a lot,” Lee said. “There will be a law passed. The next year, there will be an adjustment made to that law. The next year, there may be another adjustment, because anticipating every outcome is not always possible.”

As of now, parents have to sign a waiver, so their child can receive non-emergency care at school.

The same report quoted the Tennessee Association of School Nurses Executive Board as calling for changes to that policy, writing in part, “Our recommendation for lawmakers would be to change the language from active consent to an option to opt out.”

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Republican State Rep. Kevin Raper, who also co-sponsored the bill, however, believes the wording is fine as is.

“I’m content with how it’s worded. Sometimes you can say too much, and then it opens yourself to all kinds of litigation,” he said, according to WRCB in Chattanooga.

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Tennessee Gov. Bill Lee speaks on stage on the second day of the Republican National Convention at the Fiserv Forum on July 16, 2024, in Milwaukee, Wisconsin. Lee said some changes to the parental consent law may be warranted, according to local outlets. (Andrew Harnik/Getty Images)

The law also protects parental oversight in other ways, such as requiring consent before any storing of a child’s biometric data (e.g. data on facial expressions, blood volume, posture, and other physiological observations) or consent before a government entity makes a video or audio recording of their child, but Bowman says there’s also a problem with the lattermost part for ELL (English language learner) students.

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“[Videos are a] part of when you check a kid when they come here for English fluency to see if they mastered it. You stay in ELL instruction until you can master certain words and everything else. When we take that test, we record the child to make sure that… you have proof that that child has mastered that language,” he explained.

“They actually had to have a specially-called meeting on how to deal with this on ELL kids because they’re afraid they’re in conflict with state law now because the federal law says you have to do this, but the state law says you have to have parental permission.”

If the children’s parents don’t speak English, it creates another problem with getting consent forms read and signed as needed.

Bowman made clear, however, that he doesn’t disagree with the bill entirely. 

“We support parent rights. We want parents engaged in their child’s education at every level,” he said.

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Other states currently have laws requiring parental consent before school officials can render medical treatment for minor issues, including Florida, Idaho, Texas, Oklahoma, Montana, Iowa and Arizona. 

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Alleged criminal history of missing mom found after 24 years catches up with her

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Alleged criminal history of missing mom found after 24 years catches up with her

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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.

Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.

Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.

An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.

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The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)

Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”

Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.

A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)

MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT

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In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.

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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.

On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.

A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)

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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.

“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.

Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself. 

“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.

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Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001.  (Bring Michele Hundely Smith Home/Facebook)

In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.

Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.

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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.

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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.

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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.

The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.

Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.” 

The Supreme Court later ruled that the administration had to work to bring him back to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE). 

Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly. 

The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.

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Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.

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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.

“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”

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McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”

“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.

When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”

DHS OFFICIAL RIPS KILMAR ABREGO GARCIA FOR ‘MAKING TIKTOKS’ WHILE AGENCY FACES GAG ORDER

Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.

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“I knew from the get-go that this was going to be a controversial matter,” McGuire said.

U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.

Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”

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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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