By: Brown (Senate Sponsor - Ogden) H.B. No. 1615
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on Health
and Human Services; May 16, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; May 16, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1615 By: Rodriguez
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, excluding a topical ointment obtained
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 authorizes the
facility to administer the medication for not longer than one year;
and
(2) the authorized medication:
(A) is administered as stated on the label
directions or as amended in writing by a practitioner, as defined by
Section 551.003, Occupations Code; and
(B) 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:
(1) submits to the child-care facility an
authorization in an electronic format that is capable of being
viewed and saved; or
(2) authorizes the child-care facility by telephone to
administer a single dose of a medication.
(e) An authorization under Subsection (d)(1) expires on the
first anniversary of the date the authorization is provided to the
child-care facility.
(f) This section does not apply to a person that administers
a medication to a child in a medical emergency to prevent the death
or serious bodily injury of the child if the medication is
administered as prescribed, directed, or intended.
(g) A person commits an offense if the person administers a
medication to a child in violation of this section. If conduct
constituting an offense under this section also constitutes an
offense under a section of the Penal Code, the actor may be
prosecuted under either section or both sections.
(h) An offense under this section is a Class A misdemeanor.
SECTION 3. This Act takes effect September 1, 2011.
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