Bill > HB3397

This bill amends Texas law to provide legal protections for open-enrollment charter schools, private schools, and their employees when administering medication to students. Specifically, the bill extends existing school district immunity from civil liability and administrative disciplinary action to charter and private schools when they follow certain medication administration protocols. These protocols include receiving a written request from a parent or guardian to administer medication and ensuring that prescription medications are dispensed from properly labeled original containers or unit dosage containers prepared by a registered nurse or qualified school employee. The bill also allows volunteer licensed physicians or registered nurses to administer both nonprescription and personally prescribed medications to students, provided the school offers them liability insurance. Importantly, the bill explicitly states that this immunity does not protect against damages resulting from gross negligence. The changes to the law will take effect on September 1, 2025, and include a corresponding amendment to the Occupations Code to clarify rulemaking authority for nursing practice standards.

Education

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3397