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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2134 |
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AN ACT
amending Title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-158; amending Title 36, chapter 7.1, article 1, Arizona Revised Statutes, by adding section 36-894.01; amending Title 36, chapter 7.1, article 4, Arizona Revised Statutes, by adding section 36-897.13; amending Title 36, chapter 39, article 1, Arizona Revised Statutes, by adding section 36-3916; relating to children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-158, to read:
15-158. Use of sunscreen in schools; immunity
A. A pupil who attends any public school in this state may possess and use a topical SUNSCREEN product while on school property or at a school‑sponsored event without a note or prescription from a licensed health care professional if the product is approved by the United States Food and Drug administration for nonprescription use for the purpose of limiting skin damage induced by ultraviolet light.
B. A school district governing board or a charter school governing body may adopt policies to allow employees and volunteers of the school district or charter school to assist pupils in the application of a topical sunscreen product if the parent of the pupil provides written consent to this assistance.
C. except in cases of gross negligence, wilful misconduct or intentional wrongdoing, school districts and charter schools and employees and volunteers of school districts and charter schools are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of this section.
Sec. 2. Title 36, chapter 7.1, article 1, Arizona Revised Statutes, is amended by adding section 36-894.01, to read:
36-894.01. Use of sunscreen in child care facilities; immunity
A. A child who attends a child care facility in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional if the product is approved by the united states food and drug administration for nonprescription use for the purpose of limiting skin damage induced by ultraviolet light.
B. A child care facility may allow employees and volunteers of the child care facility to assist children who attend the child care facility in the application of a topical sunscreen product if the parent of the child provides written consent to this assistance.
C. Except in cases of gross negligence, wilful misconduct or intentional wrongdoing, child care facilities and employees and volunteers of child care facilities are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of this section.
Sec. 3. Title 36, chapter 7.1, article 4, Arizona Revised Statutes, is amended by adding section 36-897.13, to read:
36-897.13. Use of sunscreen in child care group homes; immunity
A. A child who attends a child care group home in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional if the product is approved by the united states food and drug administration for nonprescription use for the purpose of limiting skin damage induced by ultraviolet light.
B. A child care group home may allow employees and volunteers of the child care group home to assist children who attend the child care group home in the application of a topical sunscreen product if the parent of the child provides written consent to this assistance.
C. Except in cases of gross negligence, wilful misconduct or intentional wrongdoing, child care group homes and employees and volunteers of child care group homes are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of this section.
Sec. 4. Title 36, chapter 39, article 1, Arizona Revised Statutes, is amended by adding section 36-3916, to read:
36-3916. Use of sunscreen; immunity
A. A child who attends a children's camp in this state may possess and use a topical SUNSCREEN product without a note or prescription from a licensed health care professional if the product is approved by the United States Food and Drug administration for nonprescription use for the purpose of limiting skin damage induced by ultraviolet light.
B. a children's camp may allow employees and volunteers of the children's camp to assist children who attend the children's camp in the application of a topical sunscreen product if the parent of the child provides written consent to this assistance.
C. except in cases of gross negligence, wilful misconduct or intentional wrongdoing, children's camps and employees and volunteers of children's camps are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of this section.
Sec. 5. Conditional repeal; notice
A. Sections 15-158, 36-894.01, 36-897.13 and 36-3916, Arizona Revised Statutes, as added by this act, are repealed as of the date the department of health services adopts rules on the use of sunscreen.
B. The director of the department of health services shall notify in writing the director of the Arizona legislative council of this date.