senate Bill S595A

Signed by Governor

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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Sponsor

Co-Sponsors

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

See Assembly Version of this Bill:
A2126A
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, A10800, S7824

Sponsor 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.

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

                                 595--A
    Cal. No. 960

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01837-06-3

S. 595--A                           2

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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