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.