By: Sparks, Alvarado S.B. No. 920
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 and
administrative disciplinary action for [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 301.151, Occupations Code, is amended to
read as follows:
Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may
adopt and enforce rules consistent with this chapter and necessary
to:
(1) perform its duties and conduct proceedings before
the board;
(2) regulate the practice of professional nursing and
vocational nursing;
(3) establish standards of professional conduct for
license holders under this chapter; and
(4) except as provided by Section 22.052, Education
Code, determine whether an act constitutes the practice of
professional nursing or vocational nursing.
SECTION 4. This Act takes effect September 1, 2025.