senate Bill S4108B

2013-2014 Legislative Session

Authorizes summer camps to hire certain licensed professionals to provide services

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 28, 2013 print number 4108b
amend and recommit to higher education
May 21, 2013 reported and committed to higher education
May 08, 2013 print number 4108a
amend and recommit to health
Mar 08, 2013 referred to health

Bill Amendments

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

Co-Sponsors

view additional co-sponsors

S4108 - Bill Details

See Assembly Version of this Bill:
A6360B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L

S4108 - Bill Texts

view summary

Authorizes summer camps to hire licensed social workers, physical therapists, psychologists, athletic trainers and mental health care professionals to provide services.

view sponsor memo
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.

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

                                  4108

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sens.  BONACIC,  BALL, CARLUCCI, DeFRANCISCO, FUSCHILLO,
  GRIFFO,  LANZA,  LARKIN,  MARCHIONE,  MARTINS,  MONTGOMERY,  STAVISKY,
  ZELDIN  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee on Health

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 4 to read as follows:
  4.  NOTHING  IN SECTION SIXTY-FIVE HUNDRED TWELVE OF THE EDUCATION LAW
SHALL BE CONSTRUED TO PROHIBIT A CHILDREN'S OVERNIGHT CAMP,  SUMMER  DAY
CAMP,  OR  TRAVELING  SUMMER  DAY  CAMP,  AS DEFINED IN SECTION THIRTEEN
HUNDRED NINETY-TWO OF THIS ARTICLE, FROM EMPLOYING  A  LICENSED  PROFES-
SIONAL  TO  PROVIDE SERVICES PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SIX,
ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE  HUNDRED  SIXTY-TWO
OR ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08416-01-3

Co-Sponsors

view additional co-sponsors

S4108A - Bill Details

See Assembly Version of this Bill:
A6360B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L

S4108A - Bill Texts

view summary

Authorizes summer camps to hire licensed social workers, physical therapists, psychologists, athletic trainers and mental health care professionals to provide services.

view sponsor memo
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.

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

                                 4108--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sens.  BONACIC,  BALL, CARLUCCI, DeFRANCISCO, FUSCHILLO,
  GRIFFO, LANZA, LARKIN, LATIMER, LIBOUS,  LITTLE,  MARCHIONE,  MARTINS,
  MONTGOMERY,  STAVISKY,  ZELDIN  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health  --  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 4 to read as follows:
  4. NOTHING IN SECTION SIXTY-FIVE HUNDRED TWELVE OF THE  EDUCATION  LAW
SHALL  BE  CONSTRUED TO PROHIBIT A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY
CAMP, OR TRAVELING SUMMER DAY  CAMP,  AS  DEFINED  IN  SECTION  THIRTEEN
HUNDRED  NINETY-TWO  OF  THIS ARTICLE, FROM EMPLOYING A LICENSED PROFES-
SIONAL TO PROVIDE SERVICES TO CAMPERS AND STAFF DURING THEIR  ATTENDANCE
OR  EMPLOYMENT  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-SIX, ONE HUNDRED
FIFTY-THREE, ONE  HUNDRED  FIFTY-FOUR,  ONE  HUNDRED  SIXTY-TWO  OR  ONE
HUNDRED SIXTY-THREE OF THE EDUCATION LAW.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08416-03-3

Co-Sponsors

view additional co-sponsors

S4108B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6360B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L

S4108B (ACTIVE) - Bill Texts

view summary

Authorizes summer camps to hire licensed social workers, physical therapists, psychologists, athletic trainers and mental health care professionals to provide services.

view sponsor memo
BILL NUMBER:S4108B

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 subdivision 3 of section 1394 of the Public Health
Law by providing that children's overnight camps, summer day camps, or
traveling summer day camps may employ physical therapists, physical
therapist assistants, 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.

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

                                 4108--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sens.  BONACIC,  BALL, CARLUCCI, DeFRANCISCO, FUSCHILLO,
  GRIFFO, LANZA, LARKIN, LATIMER, LIBOUS,  LITTLE,  MARCHIONE,  MARTINS,
  MONTGOMERY,  STAVISKY,  ZELDIN  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  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, 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. Subdivision 3 of section 1394 of the public health law, as
added by chapter 214 of the laws of 2012,is amended to read as follows:
  3. 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)  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 assist-
ance to the camp health  director  pursuant  to  applicable  regulations
promulgated  by  the commissioner; OR (B) A PHYSICAL THERAPIST, PHYSICAL
THERAPIST ASSISTANT, PSYCHOLOGIST, SOCIAL WORKER, ATHLETIC  TRAINER,  OR
MENTAL  HEALTH  PRACTITIONER TO PROVIDE PROFESSIONAL SERVICES WITHIN HIS
OR HER LAWFUL SCOPE OF  PRACTICE  TO  CAMPERS  AND  STAFF  DURING  THEIR
ATTENDANCE OR EMPLOYMENT AT THE CAMP, 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.
                                                           LBD08416-05-3

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