Public Act 100-1176
 
HB4685 EnrolledLRB100 16765 AXK 31905 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    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. 
  

Effective Date:  1/11/2019