{"data":{"id":"us-tx/tex.-human-resources-code-42.065","jurisdiction":"us-tx","citation":"Tex. Human Resources Code § 42.065","heading":"ADMINISTERING MEDICATION.","body":"(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.\n(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.\n(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:\n(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\n(2) the authorized medication:\n(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\n(B) is not expired.\n(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:\n(1) submits to the child-care facility an authorization in an electronic format that is capable of being viewed and saved; or\n(2) authorizes the child-care facility by telephone to administer a single dose of a medication.\n(e) An authorization under Subsection (d)(1) expires on the first anniversary of the date the authorization is provided to the child-care facility.\n(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.\n(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.\n(h) An offense under this section is a Class A misdemeanor.\nAdded by Acts 2011, 82nd Leg., R.S., Ch. 762 (H.B. 1615), Sec. 2, eff. September 1, 2011.","path":["HUMAN RESOURCES CODE","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"],"source_url":"https://statutes.capitol.texas.gov/Docs/HR/htm/HR.42.htm#42.065","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:18Z","sha256":"7573ec6655c165c893961019172ed60cd46b68dd3ffbccb00be7b91098c48b5c","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-human-resources-code-42.064","next":"us-tx/tex.-human-resources-code-42.066"},"notice":"GroundRules: Original legal text. Not legal advice."}