1. (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. (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. (2) when administering prescription medication, the medication appears to be in the original container and to be properly labeled.

2. (b) This section does not apply to:

   1. (1) damages arising from the administration of medication that is not in accordance with the prescription issued by a medical practitioner; or

   2. (2) an act or omission of a person administering medication if the act or omission is:

      1. (A) reckless or intentional;
      2. (B) done wilfully, wantonly, or with gross negligence; or
      3. (C) done with conscious indifference or reckless disregard for the safety of others.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 63, eff. Sept. 1, 2001.