Sec. 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, 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 762 (H.B. 1615), Sec. 2, eff. September 1, 2011.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services
Subchapter C. Regulation of Certain Facilities, Homes, and Agencies
Section 42.041. Required License
Section 42.0412. Collection of Licensed Day-Care Center Data
Section 42.042. Rules and Standards
Section 42.0421. Minimum Training Standards
Section 42.04215. Safety Training Account
Section 42.0422. Restraint and Seclusion
Section 42.0423. Children's Product Safety for Certain Nonresidential Child-Care Facilities
Section 42.0424. Child Safety Alarms in Vehicles
Section 42.0425. Assessment Services
Section 42.0426. Training of Personnel
Section 42.04261. Other Training of Personnel: Child-Placing Agencies and Day-Care Centers
Section 42.0427. Parental Visitation
Section 42.0428. Policies Addressing Sexual Abuse and Other Maltreatment of Children
Section 42.0429. Safe Sleeping Standards
Section 42.04291. Supervision Standards for Infant During Time Spent on Stomach
Section 42.043. Rules for Immunizations
Section 42.04305. Vaccine-Preventable Disease Policy Required
Section 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency
Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan
Section 42.0441. Inspection Results for Certain Nonresidential Child-Care Facilities
Section 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities
Section 42.04412. Interference With Inspection; Court Order
Section 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections
Section 42.04425. Inspection Information Database
Section 42.0443. Coordination of Fire Safety and Sanitation Inspections
Section 42.04431. Enforcement of State Law by County or Municipality
Section 42.0446. Removal of Certain Investigation Information From Internet Website
Section 42.0447. False Report; Criminal Penalty
Section 42.0448. Notification of Family Violence Calls
Section 42.0449. Required Actions After Notice of Family Violence Call
Section 42.0452. Foster Parent Rights and Responsibilities Statement
Section 42.046. Application for License, Listing, or Registration
Section 42.0461. Public Notice and Hearing: Residential Child Care
Section 42.0462. Waiver of Notice and Hearing Requirements
Section 42.0463. Expansion of Capacity
Section 42.049. Liability Insurance Required
Section 42.0495. Liability Insurance Required for Listed Family Homes
Section 42.050. License Renewal
Section 42.051. Initial License
Section 42.052. Certification, Listing, and Registration
Section 42.0521. Deposit of Fees
Section 42.0522. Public Advertising of Family Homes
Section 42.0523. Listing of Relative Child-Care Providers
Section 42.053. Agency Foster Homes
Section 42.0531. Secure Agency Foster Homes
Section 42.0535. Required Information for Verification
Section 42.0536. Transfer of Agency Foster Home
Section 42.0537. Caregiver Training Requirement
Section 42.0538. Provisional License for Kinship Provider
Section 42.0551. Posting of Employee List
Section 42.056. Required Background and Criminal History Checks; Criminal Penalties
Section 42.0561. Information Relating to Family Violence Reports
Section 42.0562. Information Regarding Certain Group Day-Care Home and Family Home Employees
Section 42.058. Competitive Bidding or Advertising Rules
Section 42.0583. Identifying At-Risk Providers
Section 42.060. Carbon Monoxide Detectors
Section 42.062. Certain Employment and Service Prohibited
Section 42.063. Reporting of Incidents and Violations
Section 42.064. Information Regarding Gang-Free Zones
Section 42.065. Administering Medication
Section 42.066. Required Submission of Information Requested by Court
Section 42.067. Epinephrine Auto-Injectors; Immunity From Liability
Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty