The bill, S.B. No. 1174, amends the Education Code to expand the authority of public and private school employees, including those at open-enrollment charter schools, to administer nonprescription medications to students. The new language specifies that these employees can administer such medications without requiring further authorization or written protocol from a student's healthcare provider, provided that a written request from a parent or guardian is obtained, the medication is unexpired and properly labeled, and the dosage aligns with the instructions on the container. Additionally, the bill clarifies that school districts, charter schools, and private schools, along with their governing bodies and employees, are granted immunity from civil liability when administering medications under these conditions.
Furthermore, the bill modifies the definition of "professional nursing" in the Occupations Code to include the administration of nonprescription medications to students in accordance with the newly established guidelines in Section 22.052 of the Education Code. The changes are set to take effect starting with the 2025-2026 school year, and the bill will become effective immediately if it receives a two-thirds majority vote in both houses; otherwise, it will take effect on September 1, 2025.
Statutes affected: Introduced: Education Code 22.052, Occupations Code 301.002 (Occupations Code 301, Education Code 22)