HB4685 EngrossedLRB100 16765 AXK 31905 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Reducing the
6Risk of Skin Cancer and Excessive UV Exposure in Children Act.
7    (b) References to Act. This Act may be referred to as the
8SUNucate Law.
 
9    Section 5. Definition. In this Act, "school personnel"
10means any employee of a school.
 
11    Section 10. Purpose. The General Assembly finds and
12declares the following:
13        (1) Many children are exposed to ultraviolet (UV)
14    radiation due to suboptimal sunscreen use and high rates of
15    sunburning and are therefore at risk of excessive UV
16    exposure, which could lead to skin cancer development. It
17    is a high priority to ensure that children can use
18    sunscreen and sun-protective clothing when outdoors.
19        (2) News outlets have reported that some schools do not
20    allow children to bring or use sunscreen without a
21    prescription due to medication bans and fears of legal
22    ramifications.

 

 

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1        (3) The Centers for Disease Control and Prevention
2    believe that school policies that prohibit hats or student
3    possession of sunscreen can create barriers to the use of
4    important sun protection methods.
5        (4) The United States Preventive Services Task Force
6    recommends educating children, adolescents, and young
7    adults on the dangers of sun exposure to reduce the risk of
8    skin cancer.
9        (5) It is in the public's interest that schools set
10    policies that include education on sun exposure and
11    encourage our youth to use sun protection, including
12    sunscreen and sun-protective clothing.
 
13    Section 15. Sun-protective measures in schools and youth
14camps.
15    (a) A student may possess and use a topical sunscreen
16product while on school property or at a school-sponsored event
17or activity without a physician's note or prescription if the
18product is approved by the United States Food and Drug
19Administration for over-the-counter use for the purpose of
20limiting ultraviolet light-induced skin damage.
21    (b) A participant in a youth camp may possess and use a
22topical sunscreen product while attending the camp without a
23physician's note or prescription if the product is approved by
24the United States Food and Drug Administration for
25over-the-counter use for the purpose of limiting ultraviolet

 

 

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1light-induced skin damage.
2    (c) A school district or youth camp operator may allow
3school or youth camp personnel to assist students or
4participants in applying a topical sunscreen product with
5parental permission.
6    (d) Except for willful or wanton misconduct, school
7personnel may not be held liable in a criminal or civil action
8for application of a topical sunscreen product if the topical
9sunscreen product is available to and used by the student in
10accordance with this Section.
11    (e) A school district or youth camp shall allow a student
12or participant to use articles of sun-protective clothing
13outdoors, including, but not limited to, hats. A school
14district or youth camp may set a policy related to the type of
15sun-protective clothing that will be allowed to be used
16outdoors under this subsection (e). Specific clothing
17determined by school or youth camp personnel to be
18inappropriate apparel may be prohibited by the policy.
 
19    Section 20. Sun-safe education. Beginning with the
202019-2020 school year, a school district may incorporate in its
21curriculum a unit of instruction on skin cancer prevention that
22is provided in an age appropriate manner and that includes, but
23is not limited to, the following components:
24        (1) the basic facts about skin cancer, including, but
25    not limited to, the negative impact of human exposure to

 

 

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1    ultraviolet radiation obtained through sunburns and indoor
2    tanning; and
3        (2) a comprehensive set of strategies and behaviors to
4    reduce the risk of contracting skin cancer, including, but
5    not limited to, the use of sunscreen and sun-protective
6    clothing.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.