Texas 2025 - 89th Regular

Texas House Bill HB3029 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8319 CMO-D
2	2	By: Howard H.B. No. 3029
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of nonprescription medications to
10	10	certain public and private school students.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 22.052, Education Code,
13	13	is amended to read as follows:
14	14	Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL
15	15	DISTRICT, OPEN-ENROLLMENT CHARTER SCHOOL, OR PRIVATE SCHOOL
16	16	EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.
17	17	SECTION 2. Section 22.052, Education Code, is amended by
18	18	amending Subsections (a) and (b) and adding Subsection (a-1) to
19	19	read as follows:
20	20	(a) On the adoption of policies concerning the
21	21	administration of medication to students by school district,
22	22	open-enrollment charter school, or private school employees, the
23	23	school district, open-enrollment charter school, or private
24	24	school, its board of trustees[,] or other governing body, as
25	25	applicable, and its employees are immune from civil liability from
26	26	damages or injuries resulting from the administration of medication
27	27	to a student if:
28	28	(1) the [school] district or school has received a
29	29	written request to administer the medication from the parent, legal
30	30	guardian, or other person having legal control of the student; and
31	31	(2) when administering prescription medication, the
32	32	medication is administered either:
33	33	(A) from a container that appears to be:
34	34	(i) the original container; and
35	35	(ii) properly labeled; or
36	36	(B) from a properly labeled unit dosage container
37	37	filled by a registered nurse or another qualified district or
38	38	school employee, as determined by the [district] policy adopted
39	39	under this subsection, from a container described by Paragraph (A).
40	40	(a-1) A policy adopted under Subsection (a) may permit a
41	41	school district, open-enrollment charter school, or private school
42	42	employee, including a nurse, to administer nonprescription
43	43	medication to a student without further authorization or written
44	44	protocol from the student's health care provider if:
45	45	(1) the district or school has received a written
46	46	request to administer the medication from the parent, legal
47	47	guardian, or other person having legal control of the student;
48	48	(2) the medication is unexpired and administered from
49	49	a container that appears to be:
50	50	(A) the original container; and
51	51	(B) properly labeled; and
52	52	(3) the dose administered is consistent with the
53	53	instructions on the container's label.
54	54	(b) The board of trustees or other governing body, as
55	55	applicable, may allow a licensed physician or registered nurse who
56	56	provides volunteer services to the school district,
57	57	open-enrollment charter school, or private school and for whom the
58	58	district or school provides liability insurance to administer to a
59	59	student:
60	60	(1) nonprescription medication; or
61	61	(2) medication currently prescribed for the student by
62	62	the student's health care provider [personal physician].
63	63	SECTION 3. Section 301.002(2), Occupations Code, is amended
64	64	to read as follows:
65	65	(2) "Professional nursing" means the performance of an
66	66	act that requires substantial specialized judgment and skill, the
67	67	proper performance of which is based on knowledge and application
68	68	of the principles of biological, physical, and social science as
69	69	acquired by a completed course in an approved school of
70	70	professional nursing. The term does not include acts of medical
71	71	diagnosis or the prescription of therapeutic or corrective
72	72	measures. Professional nursing involves:
73	73	(A) the observation, assessment, intervention,
74	74	evaluation, rehabilitation, care and counsel, or health teachings
75	75	of a person who is ill, injured, infirm, or experiencing a change in
76	76	normal health processes;
77	77	(B) the maintenance of health or prevention of
78	78	illness;
79	79	(C) the administration of:
80	80	(i) a medication or treatment as ordered by
81	81	a physician, podiatrist, or dentist; or
82	82	(ii) a nonprescription medication to a
83	83	student in a public or private school in accordance with Section
84	84	22.052, Education Code;
85	85	(D) the supervision or teaching of nursing;
86	86	(E) the administration, supervision, and
87	87	evaluation of nursing practices, policies, and procedures;
88	88	(F) the requesting, receiving, signing for, and
89	89	distribution of prescription drug samples to patients at practices
90	90	at which an advanced practice registered nurse is authorized to
91	91	sign prescription drug orders as provided by Subchapter B, Chapter
92	92	157;
93	93	(G) the performance of an act delegated by a
94	94	physician under Section 157.0512, 157.054, 157.058, or 157.059; and
95	95	(H) the development of the nursing care plan.
96	96	SECTION 4. This Act applies beginning with the 2025-2026
97	97	school year.
98	98	SECTION 5. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2025.