HB4685ham002 100TH GENERAL ASSEMBLY

Rep. John Connor

Filed: 4/23/2018

10000HB4685ham002 LRB100 16765 AXK 38993 a

AMENDMENT TO HOUSE BILL 4685

AMENDMENT NO. ______. Amend House Bill 4685, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title; references to Act.

(a) Short title. This Act may be cited as the Reducing the Risk of Skin Cancer and Excessive UV Exposure in Children Act.

(b) References to Act. This Act may be referred to as the SUNucate Law.

Section 5. Definition. In this Act, "school personnel" means any employee of a school.

Section 10. Purpose. The General Assembly finds and declares the following:

(1) Many children are exposed to ultraviolet (UV) radiation due to suboptimal sunscreen use and high rates of sunburning and are therefore at risk of excessive UV exposure, which could lead to skin cancer development. It is a high priority to ensure that children can use sunscreen and sun-protective clothing when outdoors.

(2) News outlets have reported that some schools do not allow children to bring or use sunscreen without a prescription due to medication bans and fears of legal ramifications.

(3) The Centers for Disease Control and Prevention believe that school policies that prohibit hats or student possession of sunscreen can create barriers to the use of important sun protection methods.

(4) The United States Preventive Services Task Force recommends educating children, adolescents, and young adults on the dangers of sun exposure to reduce the risk of skin cancer.

(5) It is in the public's interest that schools set policies that include education on sun exposure and encourage our youth to use sun protection, including sunscreen and sun-protective clothing.

Section 15. Sun-protective measures in schools and youth camps.

(a) A student may possess and use a topical sunscreen product while on school property or at a school-sponsored event or activity without a physician's note or prescription if the product is approved by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.

(b) A participant in a youth camp may possess and use a topical sunscreen product while attending the camp without a physician's note or prescription if the product is approved by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.

(c) A school district or youth camp operator may allow school or youth camp personnel to assist students or participants in applying a topical sunscreen product with parental permission.

(d) Except for willful or wanton misconduct, school personnel may not be held liable in a criminal or civil action for application of a topical sunscreen product if the topical sunscreen product is available to and used by the student in accordance with this Section.

(e) A school district or youth camp shall allow a student or participant to use articles of sun-protective clothing outdoors, including, but not limited to, hats. A school district or youth camp may set a policy related to the type of sun-protective clothing that will be allowed to be used outdoors under this subsection (e). Specific clothing determined by school or youth camp personnel to be inappropriate apparel may be prohibited by the policy.

Section 20. Sun-safe education. Beginning with the 2019-2020 school year, a school district may incorporate in its curriculum a unit of instruction on skin cancer prevention that is provided in an age appropriate manner and that includes, but is not limited to, the following components:

(1) the basic facts about skin cancer, including, but not limited to, the negative impact of human exposure to ultraviolet radiation obtained through sunburns and indoor tanning; and

(2) a comprehensive set of strategies and behaviors to reduce the risk of contracting skin cancer, including, but not limited to, the use of sunscreen and sun-protective clothing.

Section 99. Effective date. This Act takes effect upon becoming law.".