2023 Indiana Code
Title 20. Education
Article 34. Student Health and Safety Measures
Chapter 3. Health and Safety Measures
20-34-3-22. Possession and Use of Sunscreen; Immunity From Civil Liability; Assistance and Guidance
Sec. 22. (a) As used in this section, "school" means a public or charter school.
(b) A student may possess and use a topical, non-aerosol sunscreen product while on school property or at a school sponsored event or activity without being required to:
(1) have a physician's note or prescription; or
(2) store the topical, non-aerosol sunscreen product in a specific location;
if the product is regulated by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.
(c) School personnel may assist a student in applying a topical, non-aerosol sunscreen product if the school has written permission from the student's parent or guardian.
(d) A school corporation, a school, and school personnel are immune from civil liability for any actions taken in good faith to comply with this section. The civil immunity under this subsection does not apply to an act or omission that constitutes gross negligence or willful, wanton, or intentional misconduct.
(e) This section may not be construed to:
(1) require school personnel to assist students in applying a topical sunscreen product; or
(2) prohibit a school from allowing a topical, aerosol sunscreen product under school policy.
(f) The department may provide assistance and guidance to schools concerning the administration of this section.
As added by P.L.5-2018, SEC.1.
