This bill has been amended

Bill S595-2013

Authorizes pupils and camp attendees to carry and use tropical sunscreen products in school with the written permission of their parents

Authorizes pupils and camp attendees to carry and use topical sunscreen products with the written permission of their parents or guardians; requires a record of such permission be maintained in the child's school and/or camp.

Details

Actions

  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.960
  • Jan 9, 2013: REFERRED TO EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Jun 4, 2013
Ayes (19): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Martins, Latimer, Addabbo, Avella, Breslin, Montgomery, Stavisky, Tkaczyk

Memo

BILL NUMBER:S595

TITLE OF BILL: An act to amend the education law, in relation to authorizing pupils to carry and use sunscreen in schools; and to amend the public health law, in relation to authorizing children attending camps to carry and use sunscreen

PURPOSE: Amends the Education law to require the board of trustees of each school district and board of cooperative educational services, and the governing body of each private elementary, middle and secondary school to allow pupils to carry and use topical sunscreen products, so long as written permission of the person in parental relation to the pupil is provided.

Amends the Public Health law to require children's overnight camps, summer day camps and traveling summer day camps to allow children attending such camp to carry and Use topical sunscreen products, so long as written permission of the person in parental relation to the pupil is provided.

SUMMARY OF PROVISIONS: Section one amends the Education law by adding a new section 907. The proposed legislation requires the board of trustees of each school district and board of cooperative educational services, and the governing body of each private elementary, middle and secondary school to allow pupils to carry and Use topical sunscreen products, so long as written permission of the person in parental relation to the pupil is provided. A record of such permission shall be maintained in the school office.

Section two amends the Public Health law by adding a new subdivision 3 to section 1394. The proposed legislation requires each children's overnight camp, summer day camp and travelling summer day camp to allow children attending such camp to carry and use topical sunscreen products, so long as written permission of the person in parental relation to the pupil is provided. A record of such permission shall be maintained in the camp office.

Section three establishes that this law shall take effect on the thirtieth day after it shall have become law.

JUSTIFICATION: According to the New York State Education Department (NYSED) and the Federal Food and Drug Administration (FDA), sunscreen is a drug like any other over-the-counter drug. As such, NYSED guidelines for school districts state: "A written order from a duly licensed prescriber and written parental permission to administer the medication are required."

Schools are important partners in protecting students from overexposure to ultraviolet (UV) radiation. They can work to provide a sun-safe school environment, encourage students to practice sun-safe behaviors when going outside, and teach students the importance of adopting sun-safe behaviors for the rest of their lives.

Current NYSED guidelines around sunscreen usage in schools impede rather than enhance cancer prevention, particularly as studies have shown that the bulk of sun exposure occurs during childhood and has lasting effects through adulthood.

Research indicates that overexposure to DV radiation causes at least 650 of all skin cancers, as well as sunburns, premature aging, cataracts, and a weakened immune system.

Although skin cancer and cataracts often do not manifest until adulthood, the damage from UV radiation is cumulative and begins during childhood. Even if a child's sunburn or tan fades, the skin damage remains and, with each new sunburn or tan, that damage could accumulate and result in skin cancer.

Understanding the importance for children to be able to apply sunscreen as necessary, this bill requires only a note from a parent and erases the need for a doctor's note in order for children to carry and use sunscreen while in school or at camp. This legislation is a common sense approach to protecting our young

people, who tend to be more severely burned and are in greater danger than adults.

LEGISLATIVE HISTORY: 2012: Senate Bill 7824 (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill 10800 (Simotas) - Died in Assembly Education Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The thirtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 595 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GIANARIS, KRUEGER, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to authorizing pupils to carry and use sunscreen in schools; and to amend the public health law, in relation to authorizing children attending camps to carry and use sunscreen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 907 to read as follows: S 907. USE OF SUNSCREEN. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND THE GOVERNING BODY OF EACH PRIVATE ELEMENTARY, MIDDLE AND SECONDARY SCHOOL, SHALL ALLOW PUPILS TO CARRY AND USE TOPICAL SUNSCREEN PRODUCTS, WITH THE WRITTEN PERMISSION OF THE PERSON IN PARENTAL RELATION TO THE PUPIL. A RECORD OF SUCH PERMISSION SHALL BE MAINTAINED IN THE SCHOOL OFFICE. S 2. Section 1394 of the public health law is amended by adding a new subdivision 4 to read as follows: 4. EACH CHILDREN'S OVERNIGHT CAMP, SUMMER DAY CAMP AND TRAVELLING SUMMER DAY CAMP SHALL ALLOW CHILDREN ATTENDING SUCH CAMP TO CARRY AND USE TOPICAL SUNSCREEN PRODUCTS, WITH THE WRITTEN PERMISSION OF THE PERSON IN PARENTAL RELATION TO THE CHILD. A RECORD OF SUCH PERMISSION SHALL BE MAINTAINED IN THE CAMP OFFICE. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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