Sec. 168.009. IMMUNITY FROM DISCIPLINARY ACTION OR LIABILITY. (a) A school employee may not be subject to any disciplinary proceeding, as defined by Section 22.0512(b), Education Code, resulting from an action taken in compliance with this subchapter. The requirements of this subchapter are considered to involve the employee's judgment and discretion and are not considered ministerial acts for purposes of immunity from liability under Section 22.0511, Education Code. Nothing in the subchapter shall be considered to limit the immunity from liability afforded under Section 22.0511, Education Code.
(b) A school nurse is not responsible for and may not be subject to disciplinary action under Chapter 301, Occupations Code, for actions performed by an unlicensed diabetes care assistant.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
Structure Texas Statutes
Subtitle H - Public Health Provisions
Chapter 168 - Care of Students With Diabetes
Section 168.002. Diabetes Management and Treatment Plan
Section 168.003. Individualized Health Plan
Section 168.004. Unlicensed Diabetes Care Assistant
Section 168.005. Training for Unlicensed Diabetes Care Assistant
Section 168.006. Required Information for Certain Employees
Section 168.007. Required Care of Students With Diabetes
Section 168.008. Independent Monitoring and Treatment
Section 168.009. Immunity From Disciplinary Action or Liability