Court Opinions

State Laws

US Code

US Constitution

Texas Education Code - Section 22.052. Administration Of Medication By School District Employees Or Volunteer Professionals; Immunity From Liability

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 22.052. Administration Of Medication By School District Employees Or Volunteer Professionals; Immunity From Liability

§ 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT 
EMPLOYEES OR VOLUNTEER PROFESSIONALS;  IMMUNITY FROM 
LIABILITY.  (a) On the adoption of policies concerning the 
administration of medication to students by school district 
employees, the school district, its board of trustees, and its 
employees are immune from civil liability from damages or injuries 
resulting from the administration of medication to a student if:
		(1)  the school district has received a written request 
to administer the medication from the parent, legal guardian, or 
other person having legal control of the student;  and
		(2)  when administering prescription medication, the 
medication is administered either:
			(A)  from a container that appears to be:                                    
				(i)  the original container;  and                                           
				(ii)  properly labeled;  or                                                 
			(B)  from a properly labeled unit dosage container 
filled by a registered nurse or another qualified district 
employee, as determined by district policy, from a container 
described by Paragraph (A).
	(b)  The board of trustees may allow a licensed physician or 
registered nurse who provides volunteer services to the school 
district and for whom the district provides liability insurance to 
administer to a student:
		(1)  nonprescription medication;  or                                          
		(2)  medication currently prescribed for the student by 
the student's personal physician.
	(c)  This section may not be construed as granting immunity 
from civil liability for injuries resulting from gross negligence.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1197, § 2, eff. Sept. 1, 
2003.

Last modified: August 10, 2007