Rep. John Connor

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 4685, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title; references to Act.
6    (a) Short title. This Act may be cited as the Reducing the
7Risk of Skin Cancer and Excessive UV Exposure in Children Act.
8    (b) References to Act. This Act may be referred to as the
9SUNucate Law.
10    Section 5. Definition. In this Act, "school personnel"
11means any employee of a school.
12    Section 10. Purpose. The General Assembly finds and
13declares the following:
14        (1) Many children are exposed to ultraviolet (UV)
15    radiation due to suboptimal sunscreen use and high rates of



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1    sunburning and are therefore at risk of excessive UV
2    exposure, which could lead to skin cancer development. It
3    is a high priority to ensure that children can use
4    sunscreen and sun-protective clothing when outdoors.
5        (2) News outlets have reported that some schools do not
6    allow children to bring or use sunscreen without a
7    prescription due to medication bans and fears of legal
8    ramifications.
9        (3) The Centers for Disease Control and Prevention
10    believe that school policies that prohibit hats or student
11    possession of sunscreen can create barriers to the use of
12    important sun protection methods.
13        (4) The United States Preventive Services Task Force
14    recommends educating children, adolescents, and young
15    adults on the dangers of sun exposure to reduce the risk of
16    skin cancer.
17        (5) It is in the public's interest that schools set
18    policies that include education on sun exposure and
19    encourage our youth to use sun protection, including
20    sunscreen and sun-protective clothing.
21    Section 15. Sun-protective measures in schools and youth
23    (a) A student may possess and use a topical sunscreen
24product while on school property or at a school-sponsored event
25or activity without a physician's note or prescription if the



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1product is approved by the United States Food and Drug
2Administration for over-the-counter use for the purpose of
3limiting ultraviolet light-induced skin damage.
4    (b) A participant in a youth camp may possess and use a
5topical sunscreen product while attending the camp without a
6physician's note or prescription if the product is approved by
7the United States Food and Drug Administration for
8over-the-counter use for the purpose of limiting ultraviolet
9light-induced skin damage.
10    (c) A school district or youth camp operator may allow
11school or youth camp personnel to assist students or
12participants in applying a topical sunscreen product with
13parental permission.
14    (d) Except for willful or wanton misconduct, school
15personnel may not be held liable in a criminal or civil action
16for application of a topical sunscreen product if the topical
17sunscreen product is available to and used by the student in
18accordance with this Section.
19    (e) A school district or youth camp shall allow a student
20or participant to use articles of sun-protective clothing
21outdoors, including, but not limited to, hats. A school
22district or youth camp may set a policy related to the type of
23sun-protective clothing that will be allowed to be used
24outdoors under this subsection (e). Specific clothing
25determined by school or youth camp personnel to be
26inappropriate apparel may be prohibited by the policy.



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1    Section 20. Sun-safe education. Beginning with the
22019-2020 school year, a school district may incorporate in its
3curriculum a unit of instruction on skin cancer prevention that
4is provided in an age appropriate manner and that includes, but
5is not limited to, the following components:
6        (1) the basic facts about skin cancer, including, but
7    not limited to, the negative impact of human exposure to
8    ultraviolet radiation obtained through sunburns and indoor
9    tanning; and
10        (2) a comprehensive set of strategies and behaviors to
11    reduce the risk of contracting skin cancer, including, but
12    not limited to, the use of sunscreen and sun-protective
13    clothing.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".