ASSEMBLY, No. 5137

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED JULY 31, 2017

 


 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Directs school districts to permit students to use sunscreen at school and allows school employees to assist with sunscreen application in certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning student sunscreen use in schools and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section, "sunscreen" means a topical product used for the purpose of limiting skin damage caused by overexposure to the sun, and which is regulated by the federal Food and Drug Administration for over-the-counter use.

     b.    Notwithstanding any law or regulation to the contrary, a board of education shall adopt a policy that permits a student to possess and self-apply sunscreen at school and school-sponsored functions, without any required documentation from a physician or other licensed health care professional.

     c.     (1)  If a student is unable to self-apply sunscreen, a school employee who volunteers to assist students in applying sunscreen may assist the student, provided that the student's parent or legal guardian provides written consent for the assistance.

     (2)   No school employee who volunteers to assist a student in sunscreen application shall be held liable for any good faith act or omission consistent with the provisions of this section. Good faith shall not include willful misconduct, gross negligence, or recklessness.

     (3)   Nothing in this section shall be construed to require a school employee to assist a student in applying sunscreen.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires school districts to allow students to possess and self-apply sunscreen at school and school-sponsored functions, for the purpose of limiting skin damage from sun exposure, without any required documentation from a licensed health care professional.  Under the bill, if a student is unable to self-apply sunscreen, an employee who volunteers to assist may help the student in applying sunscreen, provided that the student's parent or legal guardian provides written consent for the assistance.  The bill does not require any school employee to assist students in applying sunscreen.