Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 920 seeks to amend Section 22.052 of the Texas Education Code to expand the authority of public and private schools regarding the administration of nonprescription medications to students. Under current law, school personnel can administer medication to students only with a written request from a parent or legal guardian and, in the case of prescription medication, only under certain conditions related to labeling and packaging. SB 920 retains these provisions but introduces new flexibility for nonprescription medications.
The key change introduced by the bill allows school district, open-enrollment charter school, or private school employees—including nurses—to administer nonprescription medications to students without requiring a written protocol or further authorization from a licensed healthcare provider. This authority, however, is contingent upon the school having adopted a policy allowing such administration and receiving a written request from the student’s parent or legal guardian. The bill does not compel schools to implement such policies; it merely permits them to do so if they choose.
Additionally, SB 920 preserves civil immunity for schools and their employees when administering medication under an adopted policy, as long as they comply with the basic requirements—chiefly, receiving written parental consent. This legal protection is intended to encourage schools to provide appropriate support for student health without exposing them to increased liability risks. By clarifying and expanding the scope of allowable practices for administering nonprescription medications, SB 920 aims to streamline student care in educational settings and reduce the need for parents or caregivers to interrupt their day for minor health issues.
The originally filed version of SB 920 focused primarily on clarifying that open-enrollment charter schools and private schools—as well as their employees—would be granted the same civil liability immunity as public school employees when administering medication to students. It created a new Section 22.0521 of the Education Code to mirror the existing provisions that applied to public schools under Section 22.052, with slight modifications. This new section explicitly allowed volunteer physicians or nurses who are covered by school-provided liability insurance to administer nonprescription or prescription medications to students. It also amended the Occupations Code to clarify that school-based medication administration under these provisions does not constitute the practice of nursing, as long as statutory conditions are met.
In contrast, the Committee Substitute for SB 920 consolidates and simplifies the structure of the bill by eliminating the separate Section 22.0521 and instead amending and expanding the existing Section 22.052 to include all schools—public, charter, and private—within the same framework. The substitute version introduces a new Subsection (a-1), which permits any school employee (including nurses) to administer nonprescription medications without a physician’s written protocol, so long as a written request from the parent or guardian is on file and the school has adopted an appropriate policy.
Importantly, while the original version included a broader authorization for volunteer medical professionals to administer medications and referenced liability coverage conditions, the substitute version removes this language entirely. It places the focus instead on parental authorization and institutional policy as the guiding framework for nonprescription medication administration while preserving immunity from liability under compliant conditions.
Overall, the Committee Substitute streamlines the bill, extends its scope to all school types under one statutory section, and tightens the focus on school discretion and parental involvement rather than volunteer medical personnel provisions.
Author
Kevin Sparks
Co-Author
Carol Alvarado
Sponsor
Donna Howard