H.B. No. 1615

	AN ACT
	relating to the administering of medications to children in certain
	facilities; providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as Nathan's Law.
	SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,
	is amended by adding Section 42.065 to read as follows:
	Sec. 42.065.  ADMINISTERING MEDICATION.  (a)  In this
	section, "medication" means a drug that may be obtained with or
	without a prescription, excluding a topical ointment obtained
	without a prescription.
	(b)  This section applies only to a day-care center, group
	day-care home, before-school or after-school program, school-age
	program, or family home regardless of whether the facility or
	program is licensed, registered, or listed.
	(c)  A director, owner, operator, caretaker, employee, or
	volunteer of a child-care facility subject to this section may not
	administer a medication to a child unless:
	(1)  the child's parent or guardian has submitted to the
	child-care facility a signed and dated document that authorizes the
	facility to administer the medication for not longer than one year;
	and
	(2)  the authorized medication:
	(A)  is administered as stated on the label
	directions or as amended in writing by a practitioner, as defined by
	Section 551.003, Occupations Code; and
	(B)  is not expired.
	(d)  Notwithstanding Subsection (c)(1), a director, owner,
	operator, caretaker, employee, or volunteer of a child-care
	facility subject to this section may administer medication to a
	child under this section without a signed authorization if the
	child's parent or guardian:
	(1)  submits to the child-care facility an
	authorization in an electronic format that is capable of being
	viewed and saved; or
	(2)  authorizes the child-care facility by telephone to
	administer a single dose of a medication.
	(e)  An authorization under Subsection (d)(1) expires on the
	first anniversary of the date the authorization is provided to the
	child-care facility.
	(f)  This section does not apply to a person that administers
	a medication to a child in a medical emergency to prevent the death
	or serious bodily injury of the child if the medication is
	administered as prescribed, directed, or intended.
	(g)  A person commits an offense if the person administers a
	medication to a child in violation of this section.  If conduct
	constituting an offense under this section also constitutes an
	offense under a section of the Penal Code, the actor may be
	prosecuted under either section or both sections.
	(h)  An offense under this section is a Class A misdemeanor.
	SECTION 3.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1615 was passed by the House on May 3,
	2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1615 on May 23, 2011, by the following vote:  Yeas 142, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1615 was passed by the Senate, with
	amendments, on May 19, 2011, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor