School Medication Bill Shields Nurses From The Nursing Board

The text as introduced · 532 words

By: Frank
H.B. No. 3397

A BILL TO BE ENTITLED

AN ACT

relating to the administration of medication by open-enrollment

charter schools, private schools, and school employees.

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

SECTION 1. Section 22.052(a), Education Code, is amended to

read as follows:

(a) On the adoption of policies concerning the

administration of medication to students by school district

employees, the school district, its board of trustees, and its

employees are immune from civil liability and administrative

disciplinary action for [ from ] damages or injuries resulting from

the administration of medication to a student if:

(1) the school district 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

employee, as determined by district policy, from a container

described by Paragraph (A).

SECTION 2. Subchapter B, Chapter 22, Education Code, is

amended by adding Section 22.0521 to read as follows:

Sec. 22.0521. ADMINISTRATION OF MEDICATION BY

OPEN-ENROLLMENT CHARTER SCHOOL OR PRIVATE SCHOOL. (a) In this

section, "school" means a private school or open-enrollment charter

school.

(b) On the adoption of policies concerning the

administration of medication to students by school employees, the

school, its governing board, and its employees are immune from

civil liability and administrative disciplinary action for damages

or injuries resulting from the administration of medication to a

student if:

(1) the 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 school employee,

as determined by school policy, from a container described by

Paragraph (A).

(c) The governing board may allow a licensed physician or

registered nurse who provides volunteer services to the school and

for whom the school provides liability insurance to administer to a

student:

(1) nonprescription medication; or

(2) medication currently prescribed for the student by

the student's personal physician.

(d) This section may not be construed as granting immunity

from civil liability or administrative disciplinary action for

injuries resulting from gross negligence.

SECTION 3. Section 301.151, Occupations Code, is amended to

read as follows:

Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may

adopt and enforce rules consistent with this chapter and necessary

to:

(1) perform its duties and conduct proceedings before

the board;

(2) regulate the practice of professional nursing and

vocational nursing;

(3) establish standards of professional conduct for

license holders under this chapter; and

(4) determine whether an act constitutes the practice

of professional nursing or vocational nursing , except as provided

by Sections 22.052(a) and 22.0521(b), Education Code .

SECTION 4. This Act takes effect September 1, 2025.