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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of nonprescription medications to |
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certain public and private school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 22.052, Education Code, |
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is amended to read as follows: |
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Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL |
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DISTRICT, OPEN-ENROLLMENT CHARTER SCHOOL, OR PRIVATE SCHOOL |
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EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY. |
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SECTION 2. Section 22.052, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) On the adoption of policies concerning the |
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administration of medication to students by school district, |
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open-enrollment charter school, or private school employees, the |
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school district, open-enrollment charter school, or private |
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school, its board of trustees[,] or other governing body, as |
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applicable, and its employees are immune from civil liability and |
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administrative disciplinary action for [from] damages or injuries |
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resulting from the administration of medication to a student if: |
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(1) the [school] district or school has received a |
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written request to administer the medication from the parent, legal |
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guardian, or other person having legal control of the student; and |
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(2) when administering prescription medication, the |
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medication is administered either: |
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(A) from a container that appears to be: |
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(i) the original container; and |
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(ii) properly labeled; or |
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(B) from a properly labeled unit dosage container |
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filled by a registered nurse or another qualified district or |
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school employee, as determined by the [district] policy adopted |
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under this subsection, from a container described by Paragraph (A). |
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(a-1) A policy adopted under Subsection (a) may permit a |
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school district, open-enrollment charter school, or private school |
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employee, including a nurse, to administer nonprescription |
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medication to a student without further authorization or written |
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protocol from the student's health care provider if: |
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(1) the district or school has received a written |
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request to administer the medication from the parent, legal |
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guardian, or other person having legal control of the student; |
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(2) the medication is unexpired and administered from |
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a container that appears to be: |
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(A) the original container; and |
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(B) properly labeled; and |
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(3) the dose administered is consistent with the |
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instructions on the container's label. |
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(b) The board of trustees or other governing body, as |
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applicable, may allow a licensed physician or registered nurse who |
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provides volunteer services to the school district, |
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open-enrollment charter school, or private school and for whom the |
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district or school provides liability insurance to administer to a |
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student: |
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(1) nonprescription medication; or |
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(2) medication currently prescribed for the student by |
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the student's health care provider [personal physician]. |
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SECTION 3. Section 301.151, Occupations Code, is amended to |
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read as follows: |
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Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may |
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adopt and enforce rules consistent with this chapter and necessary |
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to: |
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(1) perform its duties and conduct proceedings before |
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the board; |
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(2) regulate the practice of professional nursing and |
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vocational nursing; |
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(3) establish standards of professional conduct for |
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license holders under this chapter; and |
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(4) except as provided by Section 22.052, Education |
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Code, determine whether an act constitutes the practice of |
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professional nursing or vocational nursing. |
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SECTION 4. This Act takes effect September 1, 2025. |