(a) On the adoption of policies concerning the administration of medication to juveniles by authorized employees, the juvenile board and any authorized employee of a program or facility operated by the juvenile board are not liable for damages arising from the administration of medication to a juvenile if:
(1) the program or facility administrator has received a written request to administer the medication from the parent, legal guardian, or other person having legal control over the juvenile; and
(2) when administering prescription medication, the medication appears to be in the original container and to be properly labeled.
(b) This section does not apply to:
(1) damages arising from the administration of medication that is not in accordance with the prescription issued by a medical practitioner; or
(2) an act or omission of a person administering medication if the act or omission is:
(A) reckless or intentional;
(B) done wilfully, wantonly, or with gross negligence; or
(C) done with conscious indifference or reckless disregard for the safety of others.

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Terms Used In Texas Human Resources Code 142.005

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005