S T A T E O F N E W Y O R K
________________________________________________________________________
7883
I N S E N A T E
January 18, 2022
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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. Subdivisions 3, 6, 7, 8, 9 and 10 of section 1394 of the
public health law, subdivision 3 as amended and subdivisions 6, 7, 8, 9
and 10 as added by a chapter of the laws of 2021, amending the public
health law relating to the provision of certain professional services to
children's camps and camps for children with developmental disabilities,
as proposed in legislative bills numbers S.4345-A and A.4801-A, are
amended to read as follows:
3. Notwithstanding the provisions of Title VIII of the education law,
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 arti-
cle, shall be authorized to employ or contract with a physician, nurse
practitioner, physician assistant, registered nurse, or licensed practi-
cal 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 for the sole purpose of providing health services that
benefit campers and staff at the camp while the camp is in operation. In
cases where the camp health director's lawful scope of practice is more
limited than that of the licensed professional providing services, the
camp health director shall not supervise the provision of such treat-
ment, but shall be informed of such treatment as medically necessary to
ensure the well-being of the camper AND STAFF. IN CASES WHERE AN EMER-
GENCY MEDICAL TECHNICIAN IS THE CAMP HEALTH DIRECTOR, THE EMERGENCY
MEDICAL TECHNICIAN SHALL NOT SUPERVISE THE PROVISION OF TREATMENT BY THE
LICENSED PROFESSIONAL PROVIDING SERVICES, BUT SHALL BE INFORMED OF SUCH
TREATMENT AS MEDICALLY NECESSARY TO ENSURE THE WELL-BEING OF THE CAMPER
AND STAFF.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01386-08-2
S. 7883 2
6. Notwithstanding the provisions of Title VIII of the education law,
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 arti-
cle, shall be authorized to employ or contract with individuals licensed
under articles one hundred fifty-three, one hundred fifty-four, one
hundred sixty-three and one hundred sixty-seven of the education law to
provide mental health services [between June first and September
fifteenth] FOR ANY PERIOD DURING WHICH THE CAMP HAS A VALID PERMIT TO
OPERATE AND for the sole purpose of providing health services that bene-
fit campers and staff at the camp while the camp is in operation. Indi-
viduals hired under this section shall communicate with the camp health
director when medically necessary.
7. [(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 or in
communication with the camp health director for the sole purpose of
providing health services that benefit campers and staff at the camp
while the camp is in operation.
(b) Emergency medical technicians shall not be authorized to serve as
a designated camp health director.
8.] 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.
[9.] 8. 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 authorize such camp, nor shall the authority to hire individuals
licensed 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.
[10.] 9. A camp that employs or contracts with an individual licensed
under articles one hundred fifty-three, one hundred fifty-four, one
hundred sixty-three and one hundred sixty-seven of the education law
under this section shall list such individuals in their general consent
form.
§ 2. Section 1394-c of the public health law, as added by a chapter of
the laws of 2021, amending the public health law relating to the
provision of certain professional services to children's camps and camps
for children with developmental disabilities, as proposed in legislative
bills numbers S.4345-A and A.4801-A, is amended to read as follows:
§ 1394-c. Camps for children with developmental disabilities. 1. Camps
for children with developmental disabilities, as defined in [subpart
7-2.2 of part seven of chapter one of title ten of the New York state
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 individuals 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-sev-
S. 7883 3
en of the education law, to provide professional services [between June
first and September fifteenth] FOR ANY PERIOD DURING WHICH THE CAMP HAS
A VALID PERMIT TO OPERATE. Individuals hired under this section shall
communicate with the camp health director when medically necessary for
the sole purpose of providing health services that benefit campers and
staff at the camp while the camp is in operation. In cases where the
camp health director's lawful scope of practice is more limited than
that of the licensed professional providing services, the camp health
director shall not supervise the provision of such treatment, but shall
be informed of such treatment as medically necessary to ensure the well-
being of the camper AND STAFF.
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. 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.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021, amending the public health law
relating to the provision of certain professional services to children's
camps and camps for children with developmental disabilities, as
proposed in legislative bills numbers S.4345-A and A.4801-A, takes
effect. Effective immediately the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made on or before such date.