Bill Text: NY A03074 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes summer camps to hire licensed social workers, physical therapists, psychologists, athletic trainers, mental health care professionals, occupational therapists and other licensed professionals to provide services.

Spectrum: Slight Partisan Bill (Democrat 29-10)

Status: (Introduced - Dead) 2020-04-08 - print number 3074a [A03074 Detail]

Download: New_York-2019-A03074-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3074--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2019
                                       ___________

        Introduced  by  M. of A. ABINANTI, BUCHWALD, SIMON, GOTTFRIED, L. ROSEN-
          THAL, CRESPO, McDONALD, PAULIN, AUBRY, GARBARINO,  FAHY,  RA,  D'URSO,
          GUNTHER,  JAFFEE,  BLAKE,  CROUCH, MORINELLO, SAYEGH, MIKULIN, STIRPE,
          LENTOL, DAVILA, DeSTEFANO, DICKENS, SIMOTAS, BRABENEC, WEPRIN, LAVINE,
          ZEBROWSKI, ASHBY -- Multi-Sponsored by -- M. of A. BUTTENSCHON,  COOK,
          GALEF, HEVESI, WALCZYK, WALSH -- read once and referred to the Commit-
          tee  on  Higher  Education  --  recommitted to the Committee on Higher
          Education in accordance with Assembly Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the public health law, in relation to the provision of
          certain professional services to children's camps and camps for  chil-
          dren with developmental disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 1394 of the public health law,  as
     2  added by chapter 515 of the laws of 2000, is amended to read as follows:
     3    1. The public health and health planning council shall prescribe stan-
     4  dards and establish regulations for children's overnight, summer day and
     5  traveling  summer day camps, as defined in this article, concerning such
     6  matters as may be appropriate for the protection  and  security  of  the
     7  life, health and safety of the occupants of such camps.
     8    §  2. Subdivision 3 of section 1394 of the public health law, as added
     9  by chapter 214 of the laws of 2012, is amended and two new  subdivisions
    10  6 and 7 are added to read as follows:
    11    3. Any person, firm, corporation, or association that operates a chil-
    12  dren's  overnight,  summer  day,  or  traveling summer day camp, and has
    13  obtained a permit pursuant to section thirteen hundred  ninety-three  of
    14  this  article, shall be authorized to employ or contract with any of the
    15  following  licensed  professionals:  a  physician,  nurse  practitioner,
    16  physician  assistant,  registered  nurse, licensed mental health profes-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02871-02-0

        A. 3074--A                          2

     1  sional, or licensed practical nurse [or emergency medical technician] to
     2  act as a designated camp health director or to provide  health  services
     3  in  assistance to the camp health director [pursuant to applicable regu-
     4  lations promulgated by the commissioner].
     5    6.  (a)  Any person, firm, corporation, or association that operates a
     6  children's overnight, summer day, or traveling summer day camp, and  has
     7  obtained  a  permit pursuant to section thirteen hundred ninety-three of
     8  this article, shall be authorized to employ or contract  with  emergency
     9  medical technicians to provide health services in assistance to the camp
    10  health director.
    11    (b)  Emergency medical technicians shall not be authorized to serve as
    12  a designated camp health director.
    13    7. All  decisions,  identification  or  coordination  of  professional
    14  services,  or  other  professional  interactions with campers and staff,
    15  must be made based on the professional judgment  of  such  licensees  to
    16  provide professional services within his or her lawful scope of practice
    17  for the purpose of treating campers and staff during their attendance or
    18  employment  at such camp, pursuant to applicable regulations promulgated
    19  by the commissioner in consultation with the commissioner of education.
    20    § 3. The public health law is  amended  by  adding  two  new  sections
    21  1394-c and 1394-d to read as follows:
    22    §  1394-c.  Licensed  professionals; children's camps.  1. Any person,
    23  firm, corporation, or association that operates a children's  overnight,
    24  summer  day  or  traveling  summer  day  camp, and has obtained a permit
    25  pursuant to section thirteen hundred ninety-three of this article, shall
    26  be authorized to employ or contract with any of the mental health  prac-
    27  titioners  licensed  under articles one hundred fifty-three, one hundred
    28  fifty-four and one hundred sixty-three of the education law, to  provide
    29  professional services between June first and September fifteenth.
    30    2.  All  decisions,  identification  or  coordination  of professional
    31  services, or other professional interactions  with  campers  and  staff,
    32  must  be  made  based  on the professional judgment of such licensees to
    33  provide professional services within his or her lawful scope of practice
    34  for the purpose of treating campers and staff during their attendance or
    35  employment at such camp, pursuant to applicable regulations  promulgated
    36  by the commissioner in consultation with the commissioner of education.
    37    3.  A  camp  that  employs  or contracts with a licensed mental health
    38  professional under this section shall list such  professional  in  their
    39  general consent form.
    40    4.  Nothing  in this section shall be construed to limit the authority
    41  of another state agency if such state  agency  is  otherwise  authorized
    42  under  another provision of law to certify, license, contract or author-
    43  ize such camp, nor shall the authority to  hire  licensed  professionals
    44  pursuant  to  this  section be construed to provide an exemption of such
    45  camp from any certification, licensure, or any  other  such  requirement
    46  established by such state agency or under any other provision of law.
    47    §  1394-d.  Licensed  professionals;  camps for children with develop-
    48  mental disabilities. 1. Camps for children with developmental  disabili-
    49  ties,  as defined in subpart 7-2.2, part 7, chapter 1 of Title 10 of the
    50  New York codes, rules  and  regulations,  and  in  compliance  with  the
    51  justice center for the protection of people with special needs, shall be
    52  authorized  to employ or contract with any of the licensed professionals
    53  licensed under articles one hundred thirty-two, one hundred  thirty-six,
    54  one hundred fifty-six, one hundred fifty-nine, one hundred sixty-two and
    55  one  hundred  sixty-seven  of the education law, to provide professional
    56  services between June first and September fifteenth.

        A. 3074--A                          3

     1    2. All  decisions,  identification  or  coordination  of  professional
     2  services,  or  other  professional  interactions with campers and staff,
     3  must be made based on the professional judgment  of  such  licensees  to
     4  provide professional services within his or her lawful scope of practice
     5  for the purpose of treating campers and staff during their attendance or
     6  employment  at such camp, pursuant to applicable regulations promulgated
     7  by the commissioner in consultation with the commissioner of education.
     8    § 4. This act shall take effect June 1, 2020.
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