The bill, introduced by Frank H.B. No. 3397, amends the Education Code to provide legal immunity to open-enrollment charter schools, private schools, and their employees regarding the administration of medication to students. Specifically, it states that these schools and their governing boards are immune from civil liability and administrative disciplinary action for any damages or injuries resulting from medication administration, provided they have received a written request from a parent or legal guardian and that the medication is administered according to specified guidelines. This includes using either the original container or a properly labeled unit dosage container filled by a qualified employee.

Additionally, the bill introduces a new section, 22.0521, which outlines similar protections for private and charter schools as those already established for school districts. It allows for the administration of both nonprescription and prescribed medications by licensed volunteers under certain conditions. However, it clarifies that immunity does not extend to cases of gross negligence. The bill also updates the Occupations Code to reflect these changes, ensuring that the rules governing nursing practice consider the provisions of this new legislation. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Education Code 22.052, Occupations Code 301.151 (Education Code 22, Occupations Code 301)