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

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.