Chapter 312
2021 -- H 5164
Enacted 07/09/2021

A N   A C T
RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

Introduced By: Representatives Bennett, and Ackerman

Date Introduced: January 25, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is
hereby amended by adding thereto the following section:
     16-21-37 16-21-39. Sun safety.
     (a) Any person including, but not limited to, students, parents, or school personnel may
possess and use a topical sunscreen product, without a physician's note or prescription, while on
school property or at a school-related event, or activity, to avoid overexposure to the sun, if the
product is regulated by the Federal Food and Drug Administration for over-the-counter use.
Notwithstanding the foregoing, children enrolled in grades kindergarten through five (K-5) may
only possess sunscreen on school property or at a school-related event or activity with a note from
a parent or guardian.
     (b) For the purposes of this section only, sunscreen is not to be considered an over-the-
counter medication.
     (c) Nothing in this section requires school personnel to assist pupils in applying sunscreen.
Nothing in this section shall make the school district or its personnel liable for any damages.
     (d) The school district may encourage schools to educate pupils on sun safety precautions.
     SECTION 2. This act shall take effect upon passage.
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LC000096
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