Bill S595A-2013

Authorizes students and camp attendees to carry and use topical 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

  • Jul 31, 2013: SIGNED CHAP.242
  • Jul 19, 2013: DELIVERED TO GOVERNOR
  • Jun 21, 2013: returned to senate
  • Jun 21, 2013: passed assembly
  • Jun 21, 2013: ordered to third reading rules cal.715
  • Jun 21, 2013: substituted for a2126a
  • Jun 21, 2013: referred to education
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • Jun 17, 2013: AMENDED ON THIRD READING 595A
  • 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

Calendars

Votes

Memo

BILL NUMBER:S595A

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

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 approved by the federal Food and Drug Administration for over-the-counter use for the purpose of avoiding overexposure to the sun and not for medical treatment of an injury or illness, 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. A student who is unable to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the student, if permitted by a parent or guardian and authorized by the school.

Section two amends the Public Health law by adding a new subdivision 4 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 approved by the federal Food and Drug Administration for over-the-counter use for the purpose of avoiding overexposure to the sun and not for medical treatment of an injury or illness, 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. A child who is unable to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the child, if permitted by a parent or guardian and authorized by the camp.

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

JUSTIFICATION: Schools and Camps 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.

Research indicates that overexposure to UV radiation causes at least 65% 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/guardian and ensures the previous longstanding State Education Department's guideline requiring a doctor's note in order for children to carry and use sunscreen while in school or at camp is erased.

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: None.

FISCAL IMPLICATIONS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 595--A Cal. No. 960 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GIANARIS, KRUEGER, RANZENHOFER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 STUDENTS TO CARRY AND USE TOPICAL SUNSCREEN PRODUCTS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR OVER-THE-COUN- TER USE FOR THE PURPOSE OF AVOIDING OVEREXPOSURE TO THE SUN AND NOT FOR MEDICAL TREATMENT OF AN INJURY OR ILLNESS, WITH THE WRITTEN PERMISSION OF THE PARENT OR GUARDIAN OF THE STUDENT. A RECORD OF SUCH PERMISSION SHALL BE MAINTAINED BY THE SCHOOL. A STUDENT WHO IS UNABLE TO PHYS- ICALLY APPLY SUNSCREEN MAY BE ASSISTED BY UNLICENSED PERSONNEL WHEN DIRECTED TO DO SO BY THE STUDENT, IF PERMITTED BY A PARENT OR GUARDIAN AND AUTHORIZED BY THE SCHOOL. 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 APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR OVER-THE-COUNTER USE FOR THE PURPOSE OF AVOIDING OVEREXPOSURE TO THE SUN AND NOT FOR MEDICAL TREATMENT OF AN INJURY OR ILLNESS, WITH THE WRITTEN PERMISSION OF THE PARENT OR GUARDIAN OF THE CHILD. A RECORD OF SUCH PERMISSION SHALL BE MAINTAINED BY THE CAMP. A CHILD WHO IS UNABLE TO PHYSICALLY APPLY SUNSCREEN MAY BE ASSISTED BY UNLICENSED PERSONNEL WHEN DIRECTED TO DO SO BY THE CHILD, IF PERMITTED BY A PARENT OR GUARDIAN AND AUTHORIZED BY THE CAMP. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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