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.