SECTION 1. Chapter 71 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding after section 97 the following section:-
Section 98. Any person, including but not limited to students, parents or school personnel may possess and use a topical sunscreen product without a physician’s note or prescription while on school property or at a school-related event or activity to avoid overexposure to the sun if the product is regulated by the Federal Food and Drug Administration for over-the-counter use.
For the purposes of this section only, sunscreen is not an over-the-counter medication. Nothing in this section requires school personnel to assist pupils in applying sunscreen.
The school district may encourage school sites to educate pupils on sun safety precautions.
SECTION 2. Chapter 111, as so appearing, is hereby amended by adding after section 236 the following section:-
Section 237. The commissioner shall adopt regulations regarding sun safety, including but not limited to:
(a) A student may possess and use a topical sunscreen product while on school property or at a school-sponsored event or activity without a physician’s note or prescription if the product is approved by the federal Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.
(b) A participant in a youth camp may possess and use a topical sunscreen product while attending such camp without a physician’s note or prescription if the product is approved by the federal Food and Drug administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.
(c) A school district or youth camp operator may allow school or youth camp personnel to assist students in applying a topical sunscreen product with parental permission.
(d) School or youth camp personnel may not be held liable in a criminal action or for civil damages for application of a topical sunscreen product if the topical sunscreen product is available to and used by the student or camp participant in accordance with this section.
(e) Each school or camp shall allow for outdoor use articles of sun-protective clothing, including, but not limited to, hats.
The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.