BILL NUMBER:S7824

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 govern-
ing 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 govern-
ing 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 over-
night 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 thirti-
eth 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 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 adult-
hood, 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:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The thirtieth day after it shall have become law.