senate Bill S595

Signed by Governor Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 04 / Jun / 2013
    • 1ST REPORT CAL.960
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 595A
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO EDUCATION
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A2126A
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.715
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.242

Summary

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.

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Bill Details

Versions:
S595
S595A
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add §907, Ed L; amd §1394, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S7824

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   595

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01837-01-3

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