ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT, OPEN-ENROLLMENT CHARTER SCHOOL, OR PRIVATE SCHOOL EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.
Tex. EDUC Code § 22.052.
in effect(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 damages or injuries resulting from the administration of medication to a student 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; 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 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.
(c) This section may not be construed as granting immunity from civil liability for injuries resulting from gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1197, Sec. 2, eff. Sept. 1, 2003.