89R8319 CMO-D
By: Alvarado S.B. No. 1174
A BILL TO BE ENTITLED
AN ACT
relating to the administration of nonprescription medications to
certain public and private school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 22.052, Education Code,
is amended to read as follows:
Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL
DISTRICT, OPEN-ENROLLMENT CHARTER SCHOOL, OR PRIVATE SCHOOL
EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.
SECTION 2. Section 22.052, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) On the adoption of policies concerning the
administration of medication to students by school district,
open-enrollment charter school, or private school employees, the
school district, open-enrollment charter school, or private
school, its board of trustees[,] or other governing body, as
applicable, and its employees are immune from civil liability from
damages or injuries resulting from the administration of medication
to a student if:
(1) the [school] district or 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 district or
school employee, as determined by the [district] policy adopted
under this subsection, from a container described by Paragraph (A).
(a-1) A policy adopted under Subsection (a) may permit a
school district, open-enrollment charter school, or private school
employee, including a nurse, to administer nonprescription
medication to a student without further authorization or written
protocol from the student's health care provider if:
(1) the district or school has received a written
request to administer the medication from the parent, legal
guardian, or other person having legal control of the student;
(2) the medication is unexpired and administered from
a container that appears to be:
(A) the original container; and
(B) properly labeled; and
(3) the dose administered is consistent with the
instructions on the container's label.
(b) The board of trustees or other governing body, as
applicable, may allow a licensed physician or registered nurse who
provides volunteer services to the school district,
open-enrollment charter school, or private school and for whom the
district or school provides liability insurance to administer to a
student:
(1) nonprescription medication; or
(2) medication currently prescribed for the student by
the student's health care provider [personal physician].
SECTION 3. Section 301.002(2), Occupations Code, is amended
to read as follows:
(2) "Professional nursing" means the performance of an
act that requires substantial specialized judgment and skill, the
proper performance of which is based on knowledge and application
of the principles of biological, physical, and social science as
acquired by a completed course in an approved school of
professional nursing. The term does not include acts of medical
diagnosis or the prescription of therapeutic or corrective
measures. Professional nursing involves:
(A) the observation, assessment, intervention,
evaluation, rehabilitation, care and counsel, or health teachings
of a person who is ill, injured, infirm, or experiencing a change in
normal health processes;
(B) the maintenance of health or prevention of
illness;
(C) the administration of:
(i) a medication or treatment as ordered by
a physician, podiatrist, or dentist; or
(ii) a nonprescription medication to a
student in a public or private school in accordance with Section
22.052, Education Code;
(D) the supervision or teaching of nursing;
(E) the administration, supervision, and
evaluation of nursing practices, policies, and procedures;
(F) the requesting, receiving, signing for, and
distribution of prescription drug samples to patients at practices
at which an advanced practice registered nurse is authorized to
sign prescription drug orders as provided by Subchapter B, Chapter
157;
(G) the performance of an act delegated by a
physician under Section 157.0512, 157.054, 157.058, or 157.059; and
(H) the development of the nursing care plan.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.