senate Bill S595A

Signed By Governor
2013-2014 Legislative Session

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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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.242
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.715
substituted for a2126a
referred to education
Jun 20, 2013 delivered to assembly
passed senate
Jun 17, 2013 amended on third reading 595a
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.960
Jan 09, 2013 referred to education

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S595 - Bill Details

See Assembly Version of this Bill:
A2126A
Law Section:
Education Law
Laws Affected:
Add §907, Ed L; amd §1394, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7824, A10800

S595 - Bill Texts

view 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.

view 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.

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                    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

Co-Sponsors

S595A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2126A
Law Section:
Education Law
Laws Affected:
Add §907, Ed L; amd §1394, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7824, A10800

S595A (ACTIVE) - Bill Texts

view 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.

view 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.

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                    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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