HB 3397

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
(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
(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
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
(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
(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
(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
(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
(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
Sec. 301.151.  GENERAL RULEMAKING AUTHORITY.  The board may
adopt and enforce rules consistent with this chapter and necessary
(1)  perform its duties and conduct proceedings before
(2)  regulate the practice of professional nursing and
(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.