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A BILL TO BE ENTITLED
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AN ACT
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relating to the administering of medications to children in certain |
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facilities; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Nathan's Law. |
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SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.065 to read as follows: |
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Sec. 42.065. ADMINISTERING MEDICATION. (a) In this |
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section, "medication" means a drug that may be obtained with or |
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without a prescription. |
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(b) This section applies only to a day-care center, group |
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day-care home, before-school or after-school program, school-age |
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program, or family home regardless of whether the facility or |
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program is licensed, registered, or listed. |
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(c) A director, owner, operator, caretaker, employee, or |
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volunteer of a child-care facility subject to this section may not |
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administer a medication to a child unless: |
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(1) the child's parent or guardian has submitted to the |
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child-care facility a signed and dated document that: |
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(A) authorizes the facility to administer the |
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medication; and |
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(B) indicates the time at which the medication is |
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to be administered; and |
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(2) the authorized medication: |
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(A) is in the original container with the child's |
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full name and the date the medication was brought to the child-care |
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facility written on the container; |
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(B) is administered in an amount stated on the |
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label directions or as amended in writing by a physician; |
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(C) is administered only to the child whose name |
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is on the label; and |
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(D) is not expired. |
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(d) Notwithstanding Subsection (c)(1), a director, owner, |
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operator, caretaker, employee, or volunteer of a child-care |
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facility subject to this section may administer medication to a |
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child under this section without a signed authorization if the |
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child's parent or guardian submits to the child-care facility an |
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authorization in an electronic format that is capable of being |
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viewed and saved. An authorization under this subsection is valid |
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only on the day that it is provided to the child-care facility. |
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(e) A person commits an offense if the person administers a |
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medication to a child in violation of this section. |
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(f) An offense under this section is a Class A misdemeanor, |
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except that the offense is a felony of the third degree if the child |
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suffers serious bodily injury or death as a result of receiving the |
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medication. |
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SECTION 3. This Act takes effect September 1, 2011. |