SENATE BILL REPORT

SB 5404

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Allows students, parents, and school personnel to possess and apply sunscreen products while on school property.
Specifies that a prescription or note of a licensed health care professional is not necessary if the sunscreen is regulated for over-the-counter use.

Background: Current state law allows public school districts and private schools to administer oral and topical medication, eye drops, ear drops, and nasal spray when a student is in the custody of the school, but administration of medication is not required. In order to administer medication, public school districts and private schools must meet certain requirements including receipt of written, current, unexpired requests from a parent or guardian and a licensed health professional.

The education title of the code does not define medication. It also does not make a distinction between prescription and non-prescription medication. According to the state's 2015 Guidelines for Medication Administration in Schools, the Office of Superintendent of Public Instruction (OSPI) has interpreted current law to include over-the-counter medication.

The OSPI guidelines state that sunscreen should be categorized as a medication because it is regulated by the U.S. Food and Drug Administration (FDA). The FDA regulations refer to over-the-counter sunscreen drug products and have been stayed indefinitely.

Summary of Bill: Any person, including students, parents, and school personnel, may possess and apply topical sunscreen products to help prevent sunburn while on school property or at a school-related event or activity. A sunscreen product may be possessed and applied without the prescription or note of a licensed health care professional if the product is regulated by the FDA for over-the-counter use.

Schools are encouraged to educate students about sun safety guidelines. School personnel are not required to assist students in applying sunscreen. School means public school, school district, educational service district, or private school with any of grades kindergarten through twelve.

This act does not create any civil liability on the part of the state or any state agency, officer, employee, agent, political subdivision, or school district.

Staff Summary of Public Testimony: PRO: Sun safety and skin cancer prevention is important. A single bad sunburn can increase the risk of having skin cancer. Some schools have adopted policies that specifically ban and strictly regulate medication in schools, and sunscreen may be inadvertently banned on some school property. This bill clarifies that sunscreen is allowed at school. The bill should be amended to require parent or guardian permission to apply sunscreen at school, and the parent or guardian must supply the sunscreen to avoid any allergy issues.