S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3074--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Subdivision 1 of section 1394 of the public health law,  as
 added by chapter 515 of the laws of 2000, is amended to read as follows:
   1. The public health AND HEALTH PLANNING council shall prescribe stan-
 dards and establish regulations for children's overnight, summer day and
 traveling  summer day camps, as defined in this article, concerning such
 matters as may be appropriate for the protection  and  security  of  the
 life, health and safety of the occupants of such camps.
   §  2. Subdivision 3 of section 1394 of the public health law, as added
 by chapter 214 of the laws of 2012, is amended and two new  subdivisions
 6 and 7 are added to read as follows:
   3. Any person, firm, corporation, or association that operates a chil-
 dren's  overnight,  summer  day,  or  traveling summer day camp, and has
 obtained a permit pursuant to section thirteen hundred  ninety-three  of
 this  article, shall be authorized to employ or contract with ANY OF THE
 FOLLOWING  LICENSED  PROFESSIONALS:  a  physician,  nurse  practitioner,
 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
 
 SIONAL, or licensed practical nurse [or emergency medical technician] to
 act as a designated camp health director or to provide  health  services
 in  assistance to the camp health director [pursuant to applicable regu-
 lations promulgated by the commissioner].
   6.  (A)  ANY PERSON, FIRM, CORPORATION, OR ASSOCIATION THAT OPERATES A
 CHILDREN'S OVERNIGHT, SUMMER DAY, OR TRAVELING SUMMER DAY CAMP, AND  HAS
 OBTAINED  A  PERMIT PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-THREE OF
 THIS ARTICLE, SHALL BE AUTHORIZED TO EMPLOY OR CONTRACT  WITH  EMERGENCY
 MEDICAL TECHNICIANS TO PROVIDE HEALTH SERVICES IN ASSISTANCE TO THE CAMP
 HEALTH DIRECTOR.
   (B)  EMERGENCY MEDICAL TECHNICIANS SHALL NOT BE AUTHORIZED TO SERVE AS
 A DESIGNATED CAMP HEALTH DIRECTOR.
   7. ALL  DECISIONS,  IDENTIFICATION  OR  COORDINATION  OF  PROFESSIONAL
 SERVICES,  OR  OTHER  PROFESSIONAL  INTERACTIONS WITH CAMPERS AND STAFF,
 MUST BE MADE BASED ON THE PROFESSIONAL JUDGMENT  OF  SUCH  LICENSEES  TO
 PROVIDE PROFESSIONAL SERVICES 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.
   § 3. The public health law is  amended  by  adding  two  new  sections
 1394-c and 1394-d to read as follows:
   §  1394-C.  LICENSED  PROFESSIONALS; CHILDREN'S CAMPS.  1. ANY PERSON,
 FIRM, CORPORATION, OR ASSOCIATION THAT OPERATES A CHILDREN'S  OVERNIGHT,
 SUMMER  DAY  OR  TRAVELING  SUMMER  DAY  CAMP, AND HAS OBTAINED A PERMIT
 PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-THREE OF THIS ARTICLE, SHALL
 BE AUTHORIZED TO EMPLOY OR CONTRACT WITH ANY OF THE MENTAL HEALTH  PRAC-
 TITIONERS  LICENSED  UNDER ARTICLES ONE HUNDRED FIFTY-THREE, ONE HUNDRED
 FIFTY-FOUR AND ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW, TO  PROVIDE
 PROFESSIONAL SERVICES BETWEEN JUNE FIRST AND SEPTEMBER FIFTEENTH.
   2.  ALL  DECISIONS,  IDENTIFICATION  OR  COORDINATION  OF PROFESSIONAL
 SERVICES, OR OTHER PROFESSIONAL INTERACTIONS  WITH  CAMPERS  AND  STAFF,
 MUST  BE  MADE  BASED  ON THE PROFESSIONAL JUDGMENT OF SUCH LICENSEES TO
 PROVIDE PROFESSIONAL SERVICES 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.
   3.  A  CAMP  THAT  EMPLOYS  OR CONTRACTS WITH A LICENSED MENTAL HEALTH
 PROFESSIONAL UNDER THIS SECTION SHALL LIST SUCH  PROFESSIONAL  IN  THEIR
 GENERAL CONSENT FORM.
   4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY
 OF ANOTHER STATE AGENCY IF SUCH STATE  AGENCY  IS  OTHERWISE  AUTHORIZED
 UNDER  ANOTHER PROVISION OF LAW TO CERTIFY, LICENSE, CONTRACT OR AUTHOR-
 IZE SUCH CAMP, NOR SHALL THE AUTHORITY TO  HIRE  LICENSED  PROFESSIONALS
 PURSUANT  TO  THIS  SECTION BE CONSTRUED TO PROVIDE AN EXEMPTION OF SUCH
 CAMP FROM ANY CERTIFICATION, LICENSURE, OR ANY  OTHER  SUCH  REQUIREMENT
 ESTABLISHED BY SUCH STATE AGENCY OR UNDER ANY OTHER PROVISION OF LAW.
   §  1394-D.  LICENSED  PROFESSIONALS;  CAMPS FOR CHILDREN WITH DEVELOP-
 MENTAL DISABILITIES. 1. CAMPS FOR CHILDREN WITH DEVELOPMENTAL  DISABILI-
 TIES,  AS DEFINED IN SUBPART 7-2.2, PART 7, CHAPTER 1 OF TITLE 10 OF THE
 NEW YORK CODES, RULES  AND  REGULATIONS,  AND  IN  COMPLIANCE  WITH  THE
 JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL BE
 AUTHORIZED  TO EMPLOY OR CONTRACT WITH ANY OF THE LICENSED PROFESSIONALS
 LICENSED UNDER ARTICLES ONE HUNDRED THIRTY-TWO, ONE HUNDRED  THIRTY-SIX,
 ONE HUNDRED FIFTY-SIX, ONE HUNDRED FIFTY-NINE, ONE HUNDRED SIXTY-TWO AND
 ONE  HUNDRED  SIXTY-SEVEN  OF THE EDUCATION LAW, TO PROVIDE PROFESSIONAL
 SERVICES BETWEEN JUNE FIRST AND SEPTEMBER FIFTEENTH.

 A. 3074--A                          3
 
   2. ALL  DECISIONS,  IDENTIFICATION  OR  COORDINATION  OF  PROFESSIONAL
 SERVICES,  OR  OTHER  PROFESSIONAL  INTERACTIONS WITH CAMPERS AND STAFF,
 MUST BE MADE BASED ON THE PROFESSIONAL JUDGMENT  OF  SUCH  LICENSEES  TO
 PROVIDE PROFESSIONAL SERVICES 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.
   § 4. This act shall take effect June 1, 2020.