PRIOR PRINTER'S NO. 1455
PRINTER'S NO. 3299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1228
Session of
2017
INTRODUCED BY ENGLISH, MILLARD, D. COSTA, V. BROWN, WARD,
DeLUCA, RAPP, GROVE, LONGIETTI, SCHLOSSBERG, McCARTER,
PHILLIPS-HILL, SOLOMON, JAMES, PICKETT, GILLEN, BRIGGS, DAY,
FRANKEL, BARBIN, J. HARRIS, DALEY AND MARSICO, APRIL 17, 2017
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 9, 2018
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for sun protection of students, including the application of
nonprescription sunscreen.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1414.9. Sun Protection Measures for Students.--(a)
Each school entity shall allow the following during school
hours, at a school-sponsored activity or while under the
supervision of school personnel:
(1) The outdoor use by students of sun-protective clothing,
including, but not limited to, hats.
(2) The possession, application and use by students of a
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nonaerosol topical sunscreen product without a physician's note
or prescription if the product is approved by the Food and Drug
Administration for over-the-counter use for the purpose of
limiting ultraviolet light-induced skin damage.
(b) Nothing in subsection (a)(1) shall be construed to
prevent a school entity from prohibiting certain clothing or
hats based on the inappropriateness of the graphics, color or
message of the clothing or hats.
(c) A school entity may allow, but not require, school
personnel to assist students in applying a topical sunscreen
product with parental permission.
(d) School personnel may not be held liable in a criminal
action or for civil damages for application of a topical
sunscreen product if the topical sunscreen product is available
to and used by the student in accordance with this section.
(e) For purposes of this section, the following terms shall
have the following meanings:
"School entity." A school district, intermediate unit,
charter school or area vocational-technical school.
"School personnel." The term includes, but is not limited
to, an administrator, school nurse or teacher.
SECTION 1414.10. SUN PROTECTION MEASURES FOR STUDENTS.--(A)
A SCHOOL ENTITY SHALL ALLOW THE FOLLOWING DURING SCHOOL HOURS,
AT A SCHOOL-SPONSORED ACTIVITY OR WHILE UNDER THE SUPERVISION OF
SCHOOL PERSONNEL:
(1) THE OUTDOOR USE BY A STUDENT OF SUN-PROTECTIVE CLOTHING,
INCLUDING, BUT NOT LIMITED TO, A HAT. NOTHING IN THIS CLAUSE
SHALL BE CONSTRUED TO PREVENT A SCHOOL ENTITY FROM PROHIBITING
CERTAIN CLOTHING OR HATS BASED ON THE INAPPROPRIATENESS OF THE
GRAPHICS, COLOR OR MESSAGE OF THE CLOTHING OR HATS.
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(2) EXCEPT AS PROVIDED UNDER SUBSECTION (B), THE POSSESSION,
APPLICATION OR USE BY A STUDENT OF A NONAEROSOL TOPICAL
SUNSCREEN PRODUCT WITHOUT A PHYSICIAN'S NOTE OR PRESCRIPTION IF:
(I) THE NONAEROSOL TOPICAL SUNSCREEN PRODUCT IS APPROVED BY
THE FOOD AND DRUG ADMINISTRATION FOR OVER-THE-COUNTER USE FOR
THE PURPOSE OF LIMITING ULTRAVIOLET LIGHT-INDUCED SKIN DAMAGE.
(II) THE PARENT OR GUARDIAN OF THE STUDENT SUBMITS A FORM
PROVIDED BY THE SCHOOL ENTITY TO THE APPROPRIATE SCHOOL
PERSONNEL WHICH ATTESTS TO THE FOLLOWING:
(A) THE SCHOOL ENTITY IS NOT RESPONSIBLE FOR ENSURING THAT
THE NONAEROSOL TOPICAL SUNSCREEN PRODUCT IS APPLIED BY THE
STUDENT.
(B) THE STUDENT HAS DEMONSTRATED TO THE PARENT OR GUARDIAN
THAT THE STUDENT IS CAPABLE OF SELF-APPLYING THE NONAEROSOL
TOPICAL SUNSCREEN PRODUCT.
(III) THE STUDENT SUBMITS A FORM PROVIDED BY THE SCHOOL
ENTITY TO THE APPROPRIATE SCHOOL PERSONNEL WHICH ATTESTS TO THE
FOLLOWING:
(A) THE STUDENT KNOWS THE PROPER METHOD OF SELF-APPLYING THE
NONAEROSOL TOPICAL SUNSCREEN PRODUCT.
(B) THE STUDENT KNOWS THE PROPER SAFETY PRECAUTIONS FOR THE
HANDLING AND DISPOSAL OF THE NONAEROSOL TOPICAL SUNSCREEN
PRODUCT.
(B) THE DEPARTMENT OF EDUCATION SHALL DEVELOP MODEL FORMS
THAT SCHOOL ENTITIES MAY USE TO SATISFY THE REQUIREMENTS UNDER
SUBSECTION (A)(2)(II) AND (III).
(C) THE FOLLOWING APPLY:
(1) A SCHOOL ENTITY MAY REVOKE OR RESTRICT THE POSSESSION,
APPLICATION OR USE OF A NONAEROSOL TOPICAL SUNSCREEN PRODUCT BY
A STUDENT IF ANY OF THE FOLLOWING OCCURS:
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(I) THE STUDENT FAILS TO COMPLY WITH SCHOOL RULES CONCERNING
THE POSSESSION, APPLICATION OR USE OF THE NONAEROSOL TOPICAL
SUNSCREEN PRODUCT .
(II) THE STUDENT SHOWS AN UNWILLINGNESS OR INABILITY TO
SAFEGUARD THE NONAEROSOL TOPICAL SUNSCREEN PRODUCT FROM ACCESS
BY OTHER STUDENTS.
(2) IF A SCHOOL ENTITY REVOKES OR RESTRICTS THE POSSESSION,
APPLICATION OR USE OF A NONAEROSOL TOPICAL SUNSCREEN PRODUCT BY
A STUDENT UNDER PARAGRAPH (1), THE SCHOOL ENTITY SHALL PROVIDE
WRITTEN NOTICE OF THE REVOCATION OR RESTRICTION TO THE STUDENT'S
PARENT OR GUARDIAN.
(D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT,
CHARTER SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.
Section 2. This act shall take effect in 60 days.
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