(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;
(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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