2025S0037-1 01/23/25     By: Sparks S.B. No. 920     A BILL TO BE ENTITLED   AN ACT   relating to the administration of medication by open-enrollment   charter schools, private schools, and school employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.052(a), Education Code, is amended to   read as follows:          (a)  On the adoption of policies concerning the   administration of medication to students by school district   employees, the school district, its board of trustees, 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 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   employee, as determined by district policy, from a container   described by Paragraph (A).          SECTION 2.  Subchapter B, Chapter 22, Education Code, is   amended by adding Section 22.0521 to read as follows:          Sec. 22.0521.  ADMINISTRATION OF MEDICATION BY   OPEN-ENROLLMENT CHARTER SCHOOL OR PRIVATE SCHOOL. (a) In this   section, "school" means a private school or open-enrollment charter   school.          (b)  On the adoption of policies concerning the   administration of medication to students by school employees, the   school, its governing board, 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 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 school employee,   as determined by school policy, from a container described by   Paragraph (A).          (c)  The governing board may allow a licensed physician or   registered nurse who provides volunteer services to the school and   for whom the school provides liability insurance to administer to a   student:                (1)  nonprescription medication; or                (2)  medication currently prescribed for the student by   the student's personal physician.          (d)  This section may not be construed as granting immunity   from civil liability or administrative disciplinary action for   injuries resulting from gross negligence.          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)  determine whether an act constitutes the practice   of professional nursing or vocational nursing, except as provided   by Sections 22.052(a) and 22.0521(b), Education Code.          SECTION 4.  This Act takes effect September 1, 2025.