Texas 2025 - 89th Regular

Texas House Bill HB3397 Compare Versions

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

Old	New	Differences
1	1	By: Frank H.B. No. 3397
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the administration of medication by open-enrollment
9	9	charter schools, private schools, and school employees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22.052(a), Education Code, is amended to
12	12	read as follows:
13	13	(a) On the adoption of policies concerning the
14	14	administration of medication to students by school district
15	15	employees, the school district, its board of trustees, and its
16	16	employees are immune from civil liability and administrative
17	17	disciplinary action for [from] damages or injuries resulting from
18	18	the administration of medication to a student if:
19	19	(1) the school district has received a written request
20	20	to administer the medication from the parent, legal guardian, or
21	21	other person having legal control of the student; and
22	22	(2) when administering prescription medication, the
23	23	medication is administered either:
24	24	(A) from a container that appears to be:
25	25	(i) the original container; and
26	26	(ii) properly labeled; or
27	27	(B) from a properly labeled unit dosage container
28	28	filled by a registered nurse or another qualified district
29	29	employee, as determined by district policy, from a container
30	30	described by Paragraph (A).
31	31	SECTION 2. Subchapter B, Chapter 22, Education Code, is
32	32	amended by adding Section 22.0521 to read as follows:
33	33	Sec. 22.0521. ADMINISTRATION OF MEDICATION BY
34	34	OPEN-ENROLLMENT CHARTER SCHOOL OR PRIVATE SCHOOL. (a) In this
35	35	section, "school" means a private school or open-enrollment charter
36	36	school.
37	37	(b) On the adoption of policies concerning the
38	38	administration of medication to students by school employees, the
39	39	school, its governing board, and its employees are immune from
40	40	civil liability and administrative disciplinary action for damages
41	41	or injuries resulting from the administration of medication to a
42	42	student if:
43	43	(1) the school has received a written request to
44	44	administer the medication from the parent, legal guardian, or other
45	45	person having legal control of the student; and
46	46	(2) when administering prescription medication, the
47	47	medication is administered either:
48	48	(A) from a container that appears to be:
49	49	(i) the original container; and
50	50	(ii) properly labeled; or
51	51	(B) from a properly labeled unit dosage container
52	52	filled by a registered nurse or another qualified school employee,
53	53	as determined by school policy, from a container described by
54	54	Paragraph (A).
55	55	(c) The governing board may allow a licensed physician or
56	56	registered nurse who provides volunteer services to the school and
57	57	for whom the school provides liability insurance to administer to a
58	58	student:
59	59	(1) nonprescription medication; or
60	60	(2) medication currently prescribed for the student by
61	61	the student's personal physician.
62	62	(d) This section may not be construed as granting immunity
63	63	from civil liability or administrative disciplinary action for
64	64	injuries resulting from gross negligence.
65	65	SECTION 3. Section 301.151, Occupations Code, is amended to
66	66	read as follows:
67	67	Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may
68	68	adopt and enforce rules consistent with this chapter and necessary
69	69	to:
70	70	(1) perform its duties and conduct proceedings before
71	71	the board;
72	72	(2) regulate the practice of professional nursing and
73	73	vocational nursing;
74	74	(3) establish standards of professional conduct for
75	75	license holders under this chapter; and
76	76	(4) determine whether an act constitutes the practice
77	77	of professional nursing or vocational nursing, except as provided
78	78	by Sections 22.052(a) and 22.0521(b), Education Code.
79	79	SECTION 4. This Act takes effect September 1, 2025.