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.