senate Bill S6466B

Signed By Governor
2011-2012 Legislative Session

Authorizes a physician, nurse practitioner, physician assistant, registered nurse, or licensed practical nurse or emergency medical technician to act as a designated camp health director

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.214
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to senate
passed assembly
ordered to third reading rules cal.454
substituted for a9794a
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1278
committee discharged and committed to rules
Jun 12, 2012 print number 6466b
amend (t) and recommit to higher education
Mar 14, 2012 print number 6466a
amend (t) and recommit to higher education
Feb 13, 2012 referred to higher education

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S6466 - Bill Details

See Assembly Version of this Bill:
A9794A
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L

S6466 - Bill Texts

view summary

Authorizes a physician, nurse practitioner, physician assistant, registered nurse, licensed practical nurse or emergency medical technician to act as a designated camp health director or to provide health services at a children's overnight, summer day, or traveling summer day camp with a permit.

view sponsor memo
BILL NUMBER:S6466

TITLE OF BILL: An act to amend the education law, in relation to appli-
cation for a waiver from licensing requirements for entities providing
certain professional services

PURPOSE OR GENERAL IDEA OF BILL: To extend from February 1, 2012 until
July 1, 2013 the deadline for certain organizations to apply for a waiv-
er from the requirement that individuals licensed to practice certain
professions are prohibited from being employed by a corporation.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends the opening paragraph
of paragraph a and paragraph c of subdivision 1 of section 6503-a of the
education law to extend from February 1, 2012 until July, 1 2013 the
deadline for applying for a waiver from the State Education Department
from the requirement that individuals licensed to practice certain
professions are prohibited from being employed by a corporation.

Section 2: Effective Date.

JUSTIFICATION: This extension provides an additional time period for
not-for-profit corporations and education corporations that provide
professional services by employing individuals licensed in the
professions of licensed master social work, licensed clinical social
work, licensed mental health counseling, licensed marriage and family
therapy, licensed creative arts therapy, licensed psychoanalysis, and
licensed psychology, to apply for a waiver with the State Education
Department in order to be exempt from corporate practice prohibitions.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect on and after February 1,
2012.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6466

                            I N  S E N A T E

                            February 13, 2012
                               ___________

Introduced  by Sens. BONACIC, JOHNSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in  relation  to  application  for  a
  waiver  from  licensing  requirements  for  entities providing certain
  professional services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  opening  paragraph of paragraph a and paragraph c of
subdivision 1 of section 6503-a of the  education  law,  as  amended  by
chapter 187 of the laws of 2011, are amended to read as follows:
  Notwithstanding any laws to the contrary, except as provided in subdi-
vision  two  of  this  section,  a not-for-profit corporation formed for
charitable, educational, or religious purposes or other similar purposes
deemed acceptable by the department;  or  an  education  corporation  as
defined  in  subdivision  one  of  section two hundred sixteen-a of this
chapter may provide the following services,  provided  that,  except  as
otherwise provided in paragraph b of this subdivision, the entity was in
existence prior to the effective date of this section and has applied to
the  department  for  a waiver pursuant to this section by no later than
[February] JULY first, two thousand [twelve] THIRTEEN:
  c. After the commissioner prescribes the application  form  and  posts
notice  of  its  availability  on  the  department's website, any entity
described in paragraph a of this subdivision providing services  on  the
effective  date  of  this section, must apply for a waiver no later than
[February] JULY first, two thousand [twelve] THIRTEEN.  Upon  submission
of  an  application,  an  entity  may  continue  to  operate and provide
services until the department shall either deny or approve the  entity's
application. After the department renders a timely initial determination
that  the  applicant  has  submitted the information necessary to verify
that the requirements of paragraphs d, e, and f of this subdivision  are
satisfied,  applications  for waivers shall be approved or denied within
ninety days; provided however, that if the waiver application is  denied
the  entity  shall  cease  providing  professional services, pursuant to
paragraph a of this subdivision, in the state of New York.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after February 1, 2012.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14356-01-2

Co-Sponsors

view additional co-sponsors

S6466A - Bill Details

See Assembly Version of this Bill:
A9794A
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L

S6466A - Bill Texts

view summary

Authorizes a physician, nurse practitioner, physician assistant, registered nurse, licensed practical nurse or emergency medical technician to act as a designated camp health director or to provide health services at a children's overnight, summer day, or traveling summer day camp with a permit.

view sponsor memo
BILL NUMBER:S6466A

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

PURPOSE:
The bill allows children's overnight camps, summer day camps,
and traveling summer day camps to employ licensed professionals in
order to serve the needs of children during their summer camp
experience. The bill resolves a statutory conflict between section
6512 of the Education Law and Department of Health regulation 10
NYCRR 7-2.8(a). In addition, the bill allows organizations to employ
licensed social workers and licensed mental health professionals so
that these organizations may continue to provide high-quality
services without interruption.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 1394 of the Public Health Law to
allow an individual licensed in a profession by the State Education
Department to practice his or her profession as an employee of a
summer camp.

Section two of the bill repeals section 6503-a of the Education Law
and replaces it with language that authorizes organizations to employ
licensed social workers and licensed mental health professionals.

JUSTIFICATION:
The State Education Department (SED) has interpreted
section 6512 of the Education Law to prohibit any licensed
professional from practicing his or her profession while under the
supervision of a non-licensed professional in that particular field.
This is commonly known as the ban on corporate practice. The SED's
statutory interpretation prohibits community based organizations and
businesses from employing licensed professionals to provide quality
services in New York's communities.

Exemption for Camps

The SED has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. This means that camps
cannot legally employ nurses or social workers to meet the needs of
children in their emotional and physical growth during the summer
camp experience.

Parents and camps rely on the presence of licensed professionals at
camps to ensure that children receive their daily medication for

allergies or illness, prevent and stop the outbreak of hair lice,
evaluate illnesses and injuries that may occur, promote an
environment to prevent infectious outbreaks like MRSA from occurring,
and otherwise safeguard the well being of campers and
staff. Other licensed professionals such as social workers benefit
children through emotional development by helping them deal with
separation anxiety, promoting team-building and leadership skills,
and teaching ways to resolve conflicts.

Moreover, the SED's interpretation of section 6512 of the Education
Law is in direct conflict with Department of Health regulation 10
NYCRR 7-2.8(a), which requires camps to have a licensed health care
professional on staff to act as the camp health director. This bill
gives peace of mind to parents, knowing that their children are in
the safe hands of licensed professionals during their summer camp
experience, while also allowing camps to provide the same nurturing
services that they have provided in the past.

Exemption for Social Workers and Licensed Mental Health
Professionals

In 2002, legislation was passed that established the professions of
licensed master social work, licensed clinical social work, licensed
mental health counseling, licensed marriage and family therapy,
licensed creative arts therapy, licensed psychoanalysis, and licensed
psychology, thereby making a range of activities such as
psychotherapy and certain types of counseling subject to professional
licensure requirements for the first time.
For decades prior to the enactment of these new licensure
requirements, countless social service organizations, private
entities and government agencies had employed individuals to provide
social work, psychotherapy and mental health services. However, once
the licensure provisions went into effect the corporate practice
prohibition was triggered. As a result, thousands of organizations
were violating the corporate practice doctrine merely by continuing
to employ their own workers. Moreover, when new individuals sought to
enter these professions by applying for licensure, which requires a
demonstration of work experience, the SED began denying the
applications whenever the prospective licensee had worked for a
social service organization or other entity which the SED deemed to
lack authority to provide such professional services.

As the SED began denying applications, the problem of the corporate
practice ban became apparent. In response, Chapters 130 and 132 of
the Laws of2010 authorized the SED to develop and issue waivers to
allow not-for-profit entities and educational corporations to
continue to employ certain licensed professionals. Section 6503(a) of
the Education Law sets forth the waiver process. The original
deadline for entities to file for a waiver was originally June 16,
2011, and was extended to February 1, 2012 at the end of 2011
legislative session.

The creation of the waiver process was a well intentioned solution to
a workforce and care delivery problem. However, there are serious
problems and unintended consequences with the waiver process. The
waiver application itself requires the applying not-for-profit to
attest under penalty of perjury that the not-for-profit does not
employ any of the other 48 licensed professions in New York. Many
entities are required by regulation, law or contract with federal,
state and local entities to employ other licensed professionals. In
addition, SED is seeking intrusive and large quantities of
information from a waiver applicant's board of directors. These
requirements go beyond the specifications of the statute and are
jeopardizing the willingness of volunteer board members to remain on
such boards.

Moreover, Education Law section 6503(a) requires any new
not-for-profit corporation formed in New York to first obtain a
determination from the SED that its services are needed in order to
be permitted to form, have its articles of incorporation approved,
and be authorized to employ social workers. This certification
exceeds the involvement that a single agency should have in shaping
the broader health and human services system in New York,
particularly when the SED does not typically fund or regulate health
or human services beyond the licensed professionals in their employ.

It could be argued that, absent a change in the law, any organization
that did not apply for a waiver prior to February 1, 2012 is
committing a felony by continuing to employ licensed social workers
and other licensed mental health professionals, and cannot hire such
individuals unless and until they receive waivers from SED.
Repealing the waiver process and replacing it with language that
provides an exemption from corporate practice restriction solves
these problems. This legislation would provide a new section 6503-a
of Education Law that would allow organizations to employ licensed
social workers and licensed mental health professionals. Creating
exemptions from the corporate practice restrictions has been done
before in New York. Indeed, there are numerous exemptions throughout
New York State law for hospice organizations, speech pathologists,
pharmacists, massage therapists, hospitals, insurance companies,
optometrists and health maintenance organizations. An exemption from
the corporate practice ban for organizations that employ licensed
social workers and mental health professionals will ensure that that
these organizations can retain their qualified staff and offer
critical services to the communities they serve.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE:
None.

EFFECTIVE DATE:
Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6466--A

                            I N  S E N A T E

                            February 13, 2012
                               ___________

Introduced  by Sens. BONACIC, JOHNSON -- read twice and ordered printed,
  and when printed to be committed 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 and the education law, in relation
  to the provision of certain professional services to children's camps

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1394 of the public health law is amended by adding
a new subdivision 3 to read as follows:
  3. NOTHING IN SECTION SIX THOUSAND FIVE HUNDRED TWELVE OF  THE  EDUCA-
TION LAW SHALL BE CONSTRUED TO PROHIBIT A LICENSED PROFESSIONAL AS LIST-
ED  IN  TITLE  EIGHT  OF  THE  EDUCATION LAW, FROM PRACTICING HIS OR HER
LICENSED PROFESSION WHILE  EMPLOYED  BY  A  CHILDREN'S  OVERNIGHT  CAMP,
SUMMER DAY CAMP, OR TRAVELING SUMMER DAY CAMP, AS DEFINED IN SECTION ONE
THOUSAND THREE HUNDRED NINETY-TWO OF THIS ARTICLE.
  S 2. Section 6503-a of the education law is REPEALED and a new section
6503-a is added to read as follows:
  S  6503-A.  EXEMPTION  FOR  ENTITIES  PROVIDING  CERTAIN  PROFESSIONAL
SERVICES. 1. NOTWITHSTANDING ANY LAWS TO THE  CONTRARY,  AN  ENTITY  MAY
EMPLOY OR CONTRACT WITH A LICENSED PROFESSIONAL TO PROVIDE: (A) SERVICES
PROVIDED UNDER ARTICLE ONE HUNDRED FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE
OF  THIS  TITLE  FOR  WHICH LICENSURE WOULD BE REQUIRED; OR (B) SERVICES
CONSTITUTING THE PROVISION OF PSYCHOTHERAPY AS  DEFINED  IN  SUBDIVISION
TWO  OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS TITLE AND AUTHORIZED AND
PROVIDED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED  THIRTY-NINE,
OR ONE HUNDRED FIFTY-THREE OF THIS TITLE.
  2.  SUCH SERVICES MAY BE PROVIDED EITHER DIRECTLY THROUGH THE ENTITY'S
EMPLOYEES OR INDIRECTLY BY CONTRACT  WITH  INDIVIDUALS  OR  PROFESSIONAL
ENTITIES  DULY  LICENSED,  REGISTERED,  OR  AUTHORIZED  TO  PROVIDE SUCH
SERVICES.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14356-02-2

Co-Sponsors

view additional co-sponsors

S6466B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9794A
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L

S6466B (ACTIVE) - Bill Texts

view summary

Authorizes a physician, nurse practitioner, physician assistant, registered nurse, licensed practical nurse or emergency medical technician to act as a designated camp health director or to provide health services at a children's overnight, summer day, or traveling summer day camp with a permit.

view sponsor memo
BILL NUMBER:S6466B

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:
The bill allows children's overnight camps, summer day camps, and
traveling summer day camps to employ licensed health care
professionals in order to serve the needs of children during their
summer camp experience.
The bill resolves a statutory conflict between section 6512 of the
Education Law and Department of Health regulation 10 NYCRR 7-2.8(a).

SUMMARY OF PROVISIONS:
Section 1. Amends section 1394 of the public health law by adding a
new subdivision 3 which allows the operator of a children's camp to
employ, or contract with, a health care professional (physician,
nurse practitioner, physician assistant, registered nurse, licensed
practical nurse, or emergency medical technician) to provide health
services at the camp.

Section 2. Effective Date

JUSTIFICATION:
The State Education Department (SED) has interpreted section 6512 of
the Education Law to prohibit any licensed professional from
practicing his or her profession while under the supervision of a
non-licensed professional in that particular field. This is commonly
known as the ban on corporate practice. The SED's statutory
interpretation prohibits community based organizations and businesses
from employing licensed professionals to provide quality services in
New York's communities.

The SED has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. This means that camps
cannot legally employ nurses or other health care professionals to
meet the needs of children during the summer camp experience.

Parents and camps rely on the presence of licensed professionals at
camps to ensure that children receive their daily medication for
allergies or illness, prevent and stop the outbreak of hair lice,
evaluate illnesses and injuries that may occur, promote an
environment to prevent infectious outbreaks like MRSA from occurring,
and otherwise safeguard the well being of campers and staff.

Moreover, the SED's interpretation of section 6512 of the Education
Law is in direct conflict with Department of Health regulation 10
NYCRR 7-2.8(a), which requires camps to have a licensed health care
professional on staff to act as the camp health director. This bill

gives peace of mind to parents, knowing that their children are in
the safe hands of licensed professionals during their summer camp
experience, while also allowing camps to provide the same nurturing
services that they have provided in the past.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6466--B

                            I N  S E N A T E

                            February 13, 2012
                               ___________

Introduced by Sens. BONACIC, AVELLA, DUANE, FLANAGAN, FUSCHILLO, GRISAN-
  TI,  JOHNSON, KLEIN, KRUEGER, LIBOUS, LITTLE, MARTINS, McDONALD, MONT-
  GOMERY, NOZZOLIO, OPPENHEIMER, PARKER, ROBACH, SAMPSON, SAVINO, SERRA-
  NO, STEWART-COUSINS --  read  twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1394 of the public health law is amended by  adding
a new subdivision 3 to read as follows:
  3.    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  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
PROMULGATED BY THE COMMISSIONER.
  S 2.  This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14356-05-2

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