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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 from |
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damages or injuries resulting from the administration of medication |
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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 301.002(2), Occupations Code, is amended |
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to read as follows: |
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(2) "Professional nursing" means the performance of an |
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act that requires substantial specialized judgment and skill, the |
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proper performance of which is based on knowledge and application |
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of the principles of biological, physical, and social science as |
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acquired by a completed course in an approved school of |
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professional nursing. The term does not include acts of medical |
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diagnosis or the prescription of therapeutic or corrective |
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measures. Professional nursing involves: |
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(A) the observation, assessment, intervention, |
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evaluation, rehabilitation, care and counsel, or health teachings |
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of a person who is ill, injured, infirm, or experiencing a change in |
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normal health processes; |
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(B) the maintenance of health or prevention of |
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illness; |
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(C) the administration of: |
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(i) a medication or treatment as ordered by |
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a physician, podiatrist, or dentist; or |
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(ii) a nonprescription medication to a |
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student in a public or private school in accordance with Section |
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22.052, Education Code; |
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(D) the supervision or teaching of nursing; |
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(E) the administration, supervision, and |
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evaluation of nursing practices, policies, and procedures; |
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(F) the requesting, receiving, signing for, and |
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distribution of prescription drug samples to patients at practices |
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at which an advanced practice registered nurse is authorized to |
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sign prescription drug orders as provided by Subchapter B, Chapter |
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157; |
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(G) the performance of an act delegated by a |
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physician under Section 157.0512, 157.054, 157.058, or 157.059; and |
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(H) the development of the nursing care plan. |
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SECTION 4. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |