S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4801--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI, SIMON, GOTTFRIED, L. ROSENTHAL, PAULIN,
   AUBRY,  FAHY,  GUNTHER,  SAYEGH,  MIKULIN,  STIRPE, DAVILA, DeSTEFANO,
   DICKENS,  BRABENEC,  WEPRIN,  LAVINE,   ZEBROWSKI,   ASHBY,   FRONTUS,
   SEAWRIGHT,  McDONALD  --  Multi-Sponsored  by -- M. of A. BUTTENSCHON,
   COOK, GALEF, HEVESI, WALCZYK, WALSH -- read once and referred  to  the
   Committee  on  Higher Education -- 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 five new subdivisions
 6, 7, 8, 9 and 10 are added to read as follows:
   3. [Any] NOTWITHSTANDING THE PROVISIONS OF TITLE VIII OF THE EDUCATION
 LAW, 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 a physi-
 cian, 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 assist-
 ance to the camp health director  [pursuant  to  applicable  regulations

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

                                                            LBD01386-04-1

 A. 4801--A                          2

 promulgated  by  the  commissioner]  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.
   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 THE SOLE PURPOSE OF PROVIDING HEALTH SERVICES THAT BENEFIT
 CAMPERS  AND STAFF AT THE CAMP WHILE THE CAMP IS IN OPERATION.  INDIVID-
 UALS 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.  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  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. 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.
   §  3.  The public health law is amended by adding a new section 1394-c
 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,

 A. 4801--A                          3
 
 ONE HUNDRED FIFTY-NINE, ONE HUNDRED SIXTY-TWO AND ONE HUNDRED SIXTY-SEV-
 EN OF THE EDUCATION LAW, TO PROVIDE PROFESSIONAL SERVICES  BETWEEN  JUNE
 FIRST  AND  SEPTEMBER  FIFTEENTH.  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.
   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.
   §  4. This act shall take effect one year after it shall have become a
 law. 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.