Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM LIABILITY. (a) On the adoption of policies concerning the administration of medication to juveniles by authorized employees, the juvenile board and any authorized employee of a program or facility operated by the juvenile board are not liable for damages arising from the administration of medication to a juvenile if:
(1) the program or facility administrator has received a written request to administer the medication from the parent, legal guardian, or other person having legal control over the juvenile; and
(2) when administering prescription medication, the medication appears to be in the original container and to be properly labeled.
(b) This section does not apply to:
(1) damages arising from the administration of medication that is not in accordance with the prescription issued by a medical practitioner; or
(2) an act or omission of a person administering medication if the act or omission is:
(A) reckless or intentional;
(B) done wilfully, wantonly, or with gross negligence; or
(C) done with conscious indifference or reckless disregard for the safety of others.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 63, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 10 - Juvenile Boards, Juvenile Probation Departments, and Family Services Offices
Subtitle A - Juvenile Probation Services
Chapter 142 - Juvenile Probation Departments and Personnel
Section 142.002. Appointment of Personnel and Salary
Section 142.003. Authority to Contract for Juvenile Probation Services
Section 142.004. Juvenile Probation Personnel
Section 142.005. Administration of Medication; Immunity From Liability