§ 1394. Children's camps; standards and regulations. 1. The public
health and health planning council shall prescribe standards 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. All buses or other motor vehicles which are owned by a traveling
summer day camp or which are operated or leased by such camp for the
purpose of transporting children attending such camp shall meet the
requirements for safe operation of such vehicles as provided for in
section one hundred forty of the transportation law.

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
article, shall be authorized to employ or contract with a physician,
nurse practitioner, physician assistant, registered nurse, 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 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. In
cases where an emergency 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.

4. Each children's overnight camp, summer day camp and travelling
summer day camp shall allow children attending such camp to carry and
use topical sunscreen products approved by the federal Food and Drug
Administration for over-the-counter use for the purpose of avoiding
overexposure to the sun and not for medical treatment of an injury or
illness, with the written permission of the parent or guardian of the
child. A record of such permission shall be maintained by the camp. A
child who is unable to physically apply sunscreen may be assisted by
unlicensed personnel when directed to do so by the child, if permitted
by a parent or guardian and authorized by the camp.

5. Each children's overnight camp, summer day camp and traveling
summer day camp shall allow children attending such camp to carry and
use insect repellent with the written permission of a parent or guardian
of any child. A record of such permission shall be maintained by the
camp. A child who is unable to physically apply insect repellent may be
assisted by unlicensed personnel when directed to do so by the child, if
permitted by a parent or guardian and authorized by the camp.

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
article, 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 for any period during which the camp
has a valid permit to operate and for the sole purpose of providing
health services that benefit campers and staff at the camp while the
camp is in operation. Individuals hired under this section shall
communicate with the camp health director when medically necessary.

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.

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.

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.