Tex.
Human Resources Code Section 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 (Definitions), 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.
Source:
Section 42.065 — Administering Medication, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.42.htm#42.065
(accessed Jun. 5, 2024).