Sec. 22. (a) As used in this section, “school” means a public or charter school.

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Terms Used In Indiana Code 20-34-3-22

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (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.

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