August 29, 2012 Updated SED Guidance Regarding the Use of Sunscreen
KEEPING YOU INFORMED…
The New York State Education Department (“SED”) recently issued guidance updating the SED Administration of Medication in the School Setting Guidelines of 2002. Pursuant to the former guidelines, a student’s parent/guardian needed to provide written permission and an order from a medical provider for a student to use sunscreen in school. However, after consulting with the Department of Health regarding the importance of protecting students from potential overexposure to the sun, SED has changed its guidance.
Effective immediately, schools are no longer required to obtain an order from a medical provider to allow a student to carry and use sunscreen in school provided: (1) the sunscreen is used for the purpose of avoiding overexposure to the sun and not for medical treatment of an injury or illness; (2) the sunscreen is approved by the FDA for over-the-counter use; and (3) the student’s parent or guardian provides written permission for the student to carry and use sunscreen. Parents/guardians are responsible for providing the sunscreen they would like their child to use at school. A student who is unable to physically apply sunscreen may be assisted by non-medical personnel when requested to do so by the student, if permitted by a parent or guardian and authorized by the school.
Each school district may develop a sun protection policy which may include the use of sunscreen by students without a medical provider’s order and the authorization for non-medical personnel to apply sunscreen to physically disabled students. Please contact us if you would like assistance developing a sun protection policy or if you have any questions about this issue.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP, 2012