BILL NUMBER: S9071

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the provision of certain professional services to children's camps

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill allows  children's overnight camps, summer day camps, traveling
summer day camps and camps for children with developmental disabilities
to employ certain specified licensed professionals and mental health
care practitioners, in order to better serve the mental and physical
needs of these children during their summer camp experience.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends public health law section 1394(1) to
provide the public health and health planning council shall prescribe
standards and regulations for children's overnight, summer day and trav-
eling summer camps.

              

Section 2 amends public health law section 1394(3) to authorize the
operator of a children's overnight, summer day, or traveling summer day
camp, with a permit pursuant to public health law section 1393, to
employ or contract with the licensed professionals listed, to provide
professional services, provided all decisions, identification or coordi-
nation of these services, or other professional interactions with camp-
ers and staff at the camp are made based on the professional judgment of
such licensee within his or her lawful scope of practice for the purpose
of treating campers and staff during their attendance or employment at
such camp, pursuant to applicable regulations promulgated by the commis-
sioner in consultation with the commissioner of education.

Section 3 amends the public health law by adding two new sections 1394c
and 1394-d.

Public health law section 1394-c authorizes the operator of a children's
overnight, summer day, or traveling summer day camp, with a permit
pursuant to public health law section 1393, to employ or contract with
any of the mental health practitioners licensed under articles 153
(psychologists), 154 (social workers) and 163(mental health practition-
ers) of the education law, provided all decisions, identification or
coordination of these services, or other professional interactions with
campers and staff at the camp are made based on the professional judg-
ment of such licensee within his or her lawful scope of practice for the
purpose of treating campers and staff during their attendance or employ-
ment at such camp, pursuant to applicable regulations promulgated by the
commissioner in consultation with the commissioner of education.

Public health law section 1394-d authorizes camps for children with
disabilities as defined in the New York codes, rules and regulations
Title 10, chapter 1, part 7-2.2, and in compliance with the justice
center for the protection of people with special needs, to employ or
contract with any of the licensed professionals under articles 132
(chiropractic), 135 (physical therapists),156 (occupational therapy),
159 (speech-language pathologists and audiologists), 162 (athletic
trainers) and 167 (applied behavior analysis) of the education law,
provided all decisions, identification or coordination of these
services, or other professional interactions with campers and staff at
the camp are made based on the professional judgment of such licensee
within his or her lawful scope of practice for the purpose of treating
campers and staff during their attendance or employment at such camp,
pursuant to applicable regulations promulgated by the commissioner in
consultation with the commissioner of education.

Section 4 is the effective date.

 
JUSTIFICATION:

Parents and camps rely on the presence of licensed professionals and
practitioners to ensure the well-being of the children they serve. Many
summer camps, if authorized, would employ additional licensed profes-
sionals and practitioners to provide needed services for the mental
health and physical well-being of campers.  Additionally, camps catering
to children whose lives have been impacted by traumatic events would be
better able to serve these children, by having licensed mental health
practitioners.

The significant increase in the number of young people diagnosed with
mental health disorders, coupled with the tragic increase in suicides
among our youth, highlights the need for continuous services by licensed
mental health practitioners. These mental health problems do not stop
when these children attend summer camps.

In addition, New York State has adopted the principal that there should
be parity in the provision of mental health services and physical health
services. This bill will further support that principal.

Finally, children with developmental disabilities require additional
services that should be continued at camp. This bill will ensure that
the licensed professionals and practitioners needed to provide these
necessary services are available.

Prohibiting children's camps from hiring licensed professionals and
practitioners specially trained to deal with the physical and mental
needs of the children they serve does them a disservice. Camps should be
allowed and encouraged to offer these services to the children who need
them during their summer camp experience.

This bill will provide peace of mind to parents, knowing that their
children are in the capable hands of licensed practitioners at summer
camp, while also allowing camps to provide the same nurturing services
that they have provided in the past.

 
PRIOR LEGISLATIVE HISTORY:

2016-17: A.9680-A referred to higher education; same as S.1603-A (Bona-
cic) passed senate;
2013-14: A6360-B  (Paulin) referred to health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.