82R5258 TJB-D
By: Brown H.B. No. 1615
A BILL TO BE ENTITLED
AN ACT
relating to the administering of medications to children in certain
facilities; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Nathan's Law.
SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.065 to read as follows:
Sec. 42.065. ADMINISTERING MEDICATION. (a) In this
section, "medication" means a drug that may be obtained with or
without a prescription.
(b) This section applies only to a day-care center, group
day-care home, before-school or after-school program, school-age
program, or family home regardless of whether the facility or
program is licensed, registered, or listed.
(c) A director, owner, operator, caretaker, employee, or
volunteer of a child-care facility subject to this section may not
administer a medication to a child unless:
(1) the child's parent or guardian has submitted to the
child-care facility a signed and dated document that:
(A) authorizes the facility to administer the
medication; and
(B) indicates the time at which the medication is
to be administered; and
(2) the authorized medication:
(A) is in the original container with the child's
full name and the date the medication was brought to the child-care
facility written on the container;
(B) is administered in an amount stated on the
label directions or as amended in writing by a physician;
(C) is administered only to the child whose name
is on the label; and
(D) is not expired.
(d) Notwithstanding Subsection (c)(1), a director, owner,
operator, caretaker, employee, or volunteer of a child-care
facility subject to this section may administer medication to a
child under this section without a signed authorization if the
child's parent or guardian submits to the child-care facility an
authorization in an electronic format that is capable of being
viewed and saved. An authorization under this subsection is valid
only on the day that it is provided to the child-care facility.
(e) A person commits an offense if the person administers a
medication to a child in violation of this section.
(f) An offense under this section is a Class A misdemeanor,
except that the offense is a felony of the third degree if the child
suffers serious bodily injury or death as a result of receiving the
medication.
SECTION 3. This Act takes effect September 1, 2011.