bill letting schools give over-the-counter medicine without a doctor’s order

The text as introduced · 741 words

89R8319 CMO-D

By: Howard
H.B. No. 3029

A BILL TO BE ENTITLED

AN ACT

relating to the administration of nonprescription medications to

certain public and private school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 22.052, Education Code,

is amended to read as follows:

Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL

DISTRICT , OPEN-ENROLLMENT CHARTER SCHOOL, OR PRIVATE SCHOOL

EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.

SECTION 2. Section 22.052, Education Code, is amended by

amending Subsections (a) and (b) and adding Subsection (a-1) to

read as follows:

(a) On the adoption of policies concerning the

administration of medication to students by school district ,

open-enrollment charter school, or private school employees, the

school district, open-enrollment charter school, or private

school, its board of trustees[ , ] or other governing body, as

applicable, and its employees are immune from civil liability from

damages or injuries resulting from the administration of medication

to a student if:

(1) the [ school ] district or school has received a

written request to administer the medication from the parent, legal

guardian, or other person having legal control of the student; and

(2) when administering prescription medication, the

medication is administered either:

(A) from a container that appears to be:

(i) the original container; and

(ii) properly labeled; or

(B) from a properly labeled unit dosage container

filled by a registered nurse or another qualified district or

school employee, as determined by the [ district ] policy adopted

under this subsection , from a container described by Paragraph (A).

(a-1) A policy adopted under Subsection (a) may permit a

school district, open-enrollment charter school, or private school

employee, including a nurse, to administer nonprescription

medication to a student without further authorization or written

protocol from the student's health care provider if:

(1) the district or school has received a written

request to administer the medication from the parent, legal

guardian, or other person having legal control of the student;

(2) the medication is unexpired and administered from

a container that appears to be:

(A) the original container; and

(B) properly labeled; and

(3) the dose administered is consistent with the

instructions on the container's label.

(b) The board of trustees or other governing body, as

applicable, may allow a licensed physician or registered nurse who

provides volunteer services to the school district ,

open-enrollment charter school, or private school and for whom the

district or school provides liability insurance to administer to a

student:

(1) nonprescription medication; or

(2) medication currently prescribed for the student by

the student's health care provider [ personal physician ].

SECTION 3. Section 301.002(2), Occupations Code, is amended

to read as follows:

(2) "Professional nursing" means the performance of an

act that requires substantial specialized judgment and skill, the

proper performance of which is based on knowledge and application

of the principles of biological, physical, and social science as

acquired by a completed course in an approved school of

professional nursing. The term does not include acts of medical

diagnosis or the prescription of therapeutic or corrective

measures. Professional nursing involves:

(A) the observation, assessment, intervention,

evaluation, rehabilitation, care and counsel, or health teachings

of a person who is ill, injured, infirm, or experiencing a change in

normal health processes;

(B) the maintenance of health or prevention of

illness;

(C) the administration of :

(i) a medication or treatment as ordered by

a physician, podiatrist, or dentist; or

(ii) a nonprescription medication to a

student in a public or private school in accordance with Section

22.052, Education Code;

(D) the supervision or teaching of nursing;

(E) the administration, supervision, and

evaluation of nursing practices, policies, and procedures;

(F) the requesting, receiving, signing for, and

distribution of prescription drug samples to patients at practices

at which an advanced practice registered nurse is authorized to

sign prescription drug orders as provided by Subchapter B, Chapter

157;

(G) the performance of an act delegated by a

physician under Section 157.0512, 157.054, 157.058, or 157.059; and

(H) the development of the nursing care plan.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.