Senate Bill S4108B

                                BILL NUMBER:S4108

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 certain specified
Licensed health care professionals in order to better serve the mental
and physical needs of children during their summer camp experience.

SUMMARY OF PROVISIONS:

Section 1: Amends section 1394 of the Public Health Law by adding a
new subdivision 4 which provides that children's overnight camps,
summer day camps, or traveling summer day camps may employ physical
therapists, psychologists, social workers, athletic trainers and
mental health practitioners.

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.

              

EXEMPTION FOR CAMPS The SED has construed that the corporate practice
ban restricts summer camps from employing licensed professionals.
Legislation enacted last year (Chapter 214 of the Laws of 2012)
partially remedied this problem by allowing camps to employ a
physician, nurse practitioner, physician assistant, registered nurse,
or licensed practical nurse or emergency medical technician. However,
additional legislation is necessary to permit camps to legally employ
social workers, other mental health care professionals, and physical
therapists or athletic trainers to better meet the needs of children
during the summer camp experience.

Parents and camps rely on the presence of licensed professionals to
ensure the mental and physical well-being of their children.
Currently, any camp that employed an athletic trainer, physical
therapist, or a mental health professional would technically be in
violation of Section 6512 of the Education Law. These camps are not
hiring licensed professionals to circumvent corporate practice laws,
but rather, they are attempting to hire the best possible people to
meet the needs of children attending these camps.

Many resident camps involving sports and athletic activities would opt
to employ an athletic trainer or physical therapist to attend to and
monitor the physical well-being of campers. Camps catering to children
whose lives have been drastically impacted by major events such as
9/11 and Hurricane Sandy are better able to serve campers by hiring
licensed mental health professionals who can help children cope
appropriately with these traumatic events. Prohibiting children's
camps from hiring licensed professionals, specially trained to deal
with these sensitive areas, does a disservice to our children. Camps
must be allowed and encouraged to offer the best possible services


available to the children who need them during the summer camp
experience.

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 IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

                                BILL NUMBER:S4108A

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 certain specified licensed health
care professionals in order to better serve the mental and physical
needs of children during their summer camp experience.

SUMMARY OF PROVISIONS:

Section 1: Amends section 1394 of the Public Health Law by adding a
new subdivision 4 which provides that children's overnight camps,
summer day camps, or traveling summer day camps may employ physical
therapists, psychologists, social workers, athletic trainers and
mental health practitioners to provide services to campers and staff
during their attendance or employment.

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.

EXEMPTION FOR CAMPS:

The SED has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. Legislation enacted last
year (Chapter 214 of the Laws of 2012) partially remedied this problem
by allowing camps to employ a physician, nurse practitioner, physician
assistant, registered nurse, or licensed practical nurse or emergency
medical technician. However, additional legislation is necessary to
permit camps to legally employ social workers, other mental health
care professionals, and physical therapists or athletic trainers to
better meet the needs of children during the summer camp experience.

Parents and camps rely on the presence of licensed professionals to
ensure the mental and physical well-being of their children.
Currently, any camp that employed an athletic trainer, physical
therapist, or a mental health professional would technically be in
violation of Section 6512 of the Education Law. These camps are not
hiring licensed professionals to circumvent corporate practice laws,
but rather, they are attempting to hire the best possible people to
meet the needs of children attending these camps.

Many resident camps involving sports and athletic activities would opt
to employ an athletic trainer or physical therapist to attend to and
monitor the physical well-being of campers. Camps catering to children
whose lives have been drastically impacted by major events such as
9/11 and Hurricane Sandy are better able to serve campers by hiring


licensed mental health professionals who can help children cope
appropriately with these traumatic events. Prohibiting children's
camps from hiring licensed professionals, specially trained to deal
with these sensitive areas, does a disservice to our children. Camps
must be allowed and encouraged to offer the best possible services
available to the children who need them during the summer camp
experience.

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 IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.