PRINTER'S NO. 1455
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 AND SOLOMON, APRIL 17, 2017
REFERRED TO COMMITTEE ON EDUCATION, APRIL 17, 2017
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
nonaerosol topical sunscreen product without a physician's note
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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 2. This act shall take effect in 60 days.
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