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