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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of medication by open-enrollment |
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charter schools, private schools, and school employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.052(a), Education Code, is amended 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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employees, the school district, its board of trustees, and its |
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employees are immune from civil liability and administrative |
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disciplinary action for [from] damages or injuries resulting from |
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the administration of medication to a student if: |
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(1) the school district has received a written request |
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to administer the medication from the parent, legal guardian, or |
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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 |
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employee, as determined by district policy, from a container |
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described by Paragraph (A). |
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SECTION 2. Subchapter B, Chapter 22, Education Code, is |
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amended by adding Section 22.0521 to read as follows: |
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Sec. 22.0521. ADMINISTRATION OF MEDICATION BY |
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OPEN-ENROLLMENT CHARTER SCHOOL OR PRIVATE SCHOOL. (a) In this |
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section, "school" means a private school or open-enrollment charter |
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school. |
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(b) On the adoption of policies concerning the |
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administration of medication to students by school employees, the |
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school, its governing board, and its employees are immune from |
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civil liability and administrative disciplinary action for damages |
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or injuries resulting from the administration of medication to a |
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student if: |
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(1) the school has received a written request to |
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administer the medication from the parent, legal guardian, or other |
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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 school employee, |
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as determined by school policy, from a container described by |
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Paragraph (A). |
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(c) The governing board may allow a licensed physician or |
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registered nurse who provides volunteer services to the school and |
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for whom the 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 personal physician. |
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(d) This section may not be construed as granting immunity |
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from civil liability or administrative disciplinary action for |
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injuries resulting from gross negligence. |
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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) determine whether an act constitutes the practice |
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of professional nursing or vocational nursing, except as provided |
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by Sections 22.052(a) and 22.0521(b), Education Code. |
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SECTION 4. This Act takes effect September 1, 2025. |