NY State Senate Bill 2017-S1858B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1482
Apr 11, 2018	print number 1858b
Apr 11, 2018	amend and recommit to health
Jan 03, 2018	referred to health returned to senate died in assembly
Jun 21, 2017	referred to higher education delivered to assembly passed senate ordered to third reading cal.2115 committee discharged and committed to rules
May 24, 2017	print number 1858a
May 24, 2017	amend and recommit to higher education
May 09, 2017	reported and committed to higher education
Jan 11, 2017	referred to health

Votes

- Jun 21, 2017 - Floor Vote
  S1858B
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  Jun 21, 2017 - Rules Committee Vote
  S1858B
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
  May 31, 2018 - Health Committee Vote
  S1858B
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 31, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Mayer
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
  May 9, 2017 - Health Committee Vote
  S1858B
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 9, 2017
      
      aye (16)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      aye wr (1)
      
      Rivera

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2017-S1858 - Details

See Assembly Version of this Bill:: A3088
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §1394, add §1394-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4108, A6360
2015-2016: S1603, A269, A9680
2019-2020: A1177

2017-S1858 - Summary

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

2017-S1858 - Sponsor Memo

                                 BILL NUMBER:  S1858

 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 which serve children with special needs to
contract with 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 1 of section 1394 of the Public Health
Law to update the name of the Public Health and Health Planning
Council.

Section 2: Amends subdivision 3 of section 1394 of the Public Health
Law to require all decisions, identification or coordination of
professional services and professional interactions with campers and
staff to be made based on professional judgment of the licensees.

Section 2 also 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 contract with a physical
therapist, physical therapist assistant under the direction and
control of a physical therapist, psychologist, licensed behavioral
analyst, occupational therapist, occupational therapy assistant under
the direction and supervision of an occupational therapist, licensed
master social worker, licensed clinical social worker, licensed mental
health counselor, licensed creative arts therapist or athletic trainer
to provide services within his or her lawful scope of practice.

Section 3: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 has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. Legislation enacted in
2012 (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 to better serve children
with special needs 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 a 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 serve children with
special needs attending these camps.

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.

 LEGISLATIVE HISTORY :

S.1603-A of 2016: Passed Senate, Died in Assembly Higher Education
S.1603 of 2015: Passed Senate, Died in Assembly Health
S.4108-B of 2014 (similar): Died in Senate Health, Died in Assembly
Codes
S.4108-B of 2013 (similar): Died in Senate Higher Education, Died in
Assembly Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1858 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1858
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  BONACIC, AVELLA, LATIMER, MARCHIONE -- 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. 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 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 ANY OF  THE
 FOLLOWING LICENSED PROFESSIONALS, PROVIDED HOWEVER, ALL DECISIONS, IDEN-
 TIFICATION  OR  COORDINATION  OF PROFESSIONAL SERVICES, OR OTHER PROFES-
 SIONAL INTERACTIONS WITH CAMPERS AND STAFF, MUST BE MADE  BASED  ON  THE
 PROFESSIONAL JUDGEMENT OF SUCH LICENSEES: (A) a physician, nurse practi-
 tioner,  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  pursuant  to applicable regulations promulgated by the commis-
 sioner; OR (B) A PHYSICAL THERAPIST, PHYSICAL THERAPIST ASSISTANT  UNDER
 THE  DIRECTION  AND  CONTROL  OF  A  PHYSICAL  THERAPIST,  PSYCHOLOGIST,
 LICENSED BEHAVIORAL ANALYST, OCCUPATIONAL THERAPIST, OCCUPATIONAL THERA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03952-01-7

 S. 1858                             2
 
 PY ASSISTANT UNDER THE DIRECTION  AND  SUPERVISION  OF  AN  OCCUPATIONAL
 THERAPIST, LICENSED MASTER SOCIAL WORKER, LICENSED CLINICAL SOCIAL WORK-
 ER,  LICENSED  MENTAL HEALTH COUNSELOR, LICENSED CREATIVE ARTS THERAPIST
 OR,  ATHLETIC TRAINER 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 IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S1858A - Details

See Assembly Version of this Bill:: A3088
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §1394, add §1394-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4108, A6360
2015-2016: S1603, A269, A9680
2019-2020: A1177

2017-S1858A - Summary

2017-S1858A - Sponsor Memo

                                 BILL NUMBER:  S1858A

 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 which serve children with special needs to
contract with 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 1 of section 1394 of the Public Health
Law to update the name of the Public Health and Health Planning
Council.

Section 2:Amends subdivision 3 of section 1394 of the Public Health
Law to require all decisions, identification or coordination of
professional services and professional interactions with campers and
staff to be made based on professional judgment of the licensees.

Section 3:Amends the Public Health Law by adding a new section 1394-c
which provides that children's overnight camps, summer day camps, or

traveling summer day camps may contract with a physical therapist,
physical therapist assistant under the direction and control of a
physical therapist, psychologist, licensed behavioral analyst,
occupational therapist, occupational therapy assistant under the
direction and supervision of an occupational therapist, licensed
master social worker, licensed clinical social worker, licensed mental
health counselor, licensed creative arts therapist or athletic trainer
to provide services within his or her lawful scope of practice.
Additionally, the camp must submit a form to the Board of Regents to
notify them of any licensed professional that they hire or contract
with pursuant to this section and further the Commissioners of Health
and Education are directed to promulgate rules and regulations
necessary to effectuate this section.

Section 4: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 has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. Legislation enacted in
2012 (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 to better serve children
with special needs 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 a 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 serve children with
special needs attending these camps.

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.

 LEGISLATIVE HISTORY :

S.1603-A of 2016: Passed Senate, Died in Assembly Higher Education
S.1603 of 2015: Passed Senate, Died in Assembly Health
S.4108-B of 2014 (similar): Died in Senate Health, Died in Assembly
Codes
S.4108-B of 2013 (similar): Died in Senate Higher Education, Died in
Assembly Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.

2017-S1858A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1858--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced by Sens. BONACIC, AVELLA, FELDER, KENNEDY, LATIMER, MARCHIONE
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee on Health -- 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 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 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 ANY OF THE
 FOLLOWING LICENSED PROFESSIONALS, PROVIDED HOWEVER, ALL DECISIONS, IDEN-
 TIFICATION OR COORDINATION OF PROFESSIONAL SERVICES,  OR  OTHER  PROFES-
 SIONAL  INTERACTIONS  WITH  CAMPERS AND STAFF, MUST BE MADE BASED ON THE
 PROFESSIONAL JUDGEMENT OF SUCH LICENSEES: a physician, nurse practition-
 er, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03952-02-7

 S. 1858--A                          2
 
 director  pursuant  to applicable regulations promulgated by the commis-
 sioner.
   §  3.  The public health law is amended by adding a new section 1394-c
 to read as follows:
   § 1394-C. LICENSED PROFESSIONALS. 1. ANY PERSON, FIRM, CORPORATION, OR
 ASSOCIATION THAT OPERATES A CHILDREN'S OVERNIGHT, SUMMER DAY OR  TRAVEL-
 ING SUMMER DAY CAMP, AND HAS OBTAINED A PERMIT PURSUANT TO SECTION THIR-
 TEEN HUNDRED NINETY-THREE OF THIS ARTICLE, SHALL BE AUTHORIZED TO EMPLOY
 OR CONTRACT WITH ANY OF THE FOLLOWING LICENSED PROFESSIONALS: A PHYSICAL
 THERAPIST,  PHYSICAL THERAPIST ASSISTANT UNDER THE DIRECTION AND CONTROL
 OF A PHYSICAL  THERAPIST,  PSYCHOLOGIST,  LICENSED  BEHAVIORAL  ANALYST,
 OCCUPATIONAL  THERAPIST, OCCUPATIONAL THERAPY ASSISTANT UNDER THE DIREC-
 TION AND SUPERVISION  OF  AN  OCCUPATIONAL  THERAPIST,  LICENSED  MASTER
 SOCIAL  WORKER,  LICENSED CLINICAL SOCIAL WORKER, LICENSED MENTAL HEALTH
 COUNSELOR, LICENSED CREATIVE ARTS THERAPIST OR ATHLETIC TRAINER.
   2. ALL  DECISIONS,  IDENTIFICATION  OR  COORDINATION  OF  PROFESSIONAL
 SERVICES,  OR  OTHER  PROFESSIONAL  INTERACTIONS WITH CAMPERS AND STAFF,
 MUST BE MADE BASED ON THE PROFESSIONAL JUDGEMENT OF  SUCH  LICENSEES  TO
 PROVIDE PROFESSIONAL SERVICES WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE
 TO CAMPERS AND STAFF DURING THEIR ATTENDANCE OR EMPLOYMENT AT SUCH CAMP.
   3.  SUPERVISION  OF  ANY  LICENSED PROFESSIONAL EMPLOYED OR CONTRACTED
 WITH BY A CHILDREN'S OVERNIGHT, SUMMER DAY OR TRAVELING SUMMER DAY CAMP,
 PURSUANT TO THIS SECTION, SHALL COMPLY WITH TITLE EIGHT OF THE EDUCATION
 LAW.
   4. EACH CHILDREN'S OVERNIGHT, SUMMER DAY OR TRAVELING SUMMER DAY  CAMP
 EMPLOYING  OR CONTRACTING WITH A LICENSED PROFESSIONAL, PURSUANT TO THIS
 SECTION, SHALL SUBMIT A FORM, PRESCRIBED BY THE EDUCATION DEPARTMENT, TO
 THE BOARD OF REGENTS. THE EDUCATION DEPARTMENT MAY  CHARGE  A  FEE  UPON
 RECEIPT OF SUCH FORM; PROVIDED, HOWEVER, SUCH FEE SHALL NOT BE MORE THAN
 ONE  HUNDRED  DOLLARS,  EXCEPT THAT NO SUCH FEE SHALL BE MORE THAN FIFTY
 DOLLARS IN THE CASE OF A CHILDREN'S OVERNIGHT, SUMMER DAY  OR  TRAVELING
 SUMMER  DAY  CAMP OPERATED BY A PERSON, FIRM, CORPORATION OR ASSOCIATION
 FOR CHARITABLE, PHILANTHROPIC OR RELIGIOUS PURPOSES.
   5. THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION
 SHALL PROMULGATE RULES OR REGULATIONS IN ORDER TO ADMINISTER AND  EFFEC-
 TUATE THE PURPOSES OF THIS SECTION.
   §  4. This act shall take effect one year after it shall have become a
 law.

co-Sponsors

View additional co-sponsors

2017-S1858B (ACTIVE) - Details

See Assembly Version of this Bill:: A3088
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §1394, add §1394-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4108, A6360
2015-2016: S1603, A269, A9680
2019-2020: A1177

2017-S1858B (ACTIVE) - Summary

2017-S1858B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1858B

SPONSOR: BONACIC
 
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 trav-
eling summer day camps which serve children with special needs to
contract with 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 1 of section 1394 of the Public Health Law
to update the name of the Public Health and Health Planning Council.

Section 2:Amends subdivision 3 of section 1394 of the Public Health Law
to require all decisions, identification or coordination of professional

services and professional interactions with campers and staff to be made
based on professional judgment of the licensees.

Section 3:Amends the Public Health Law by adding a new section 1394-c
which provides that children's overnight camps, summer day camps, or
traveling summer day camps may contract with a physical therapist, phys-
ical therapist assistant under the direction and control of a physical
therapist, psychologist, licensed behavioral analyst, occupational ther-
apist, occupational therapy assistant under the direction and super-
vision of an occupational therapist, licensed master social worker,
licensed clinical social worker, licensed mental health counselor,
licensed creative arts therapist or athletic trainer to provide services
within his or her lawful scope of practice.

Section 4: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 profes-
sional in that particular field. This is commonly known as the ban on
corporate practice.

The SED has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. Legislation enacted in 2012
(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 to better serve children with
special needs 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 a physical therapist or a mental health profes-
sional would technically be in violation of Section 6512 of the Educa-
tion Law. These camps are not hiring licensed professionals to circum-
vent corporate practice laws, but rather, they are attempting to hire
the best possible people to serve children with special needs attending
these camps.

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.

 
LEGISLATIVE HISTORY:

S.1603-A of 2016: Passed Senate, Died in Assembly Higher Education
S.1603 of 2015: Passed Senate, Died in Assembly Health
S.4108-B of 2014 (similar): Died in Senate Health, Died in Assembly
Codes
S.4108-B of 2013 (similar): Died in Senate Higher Education, Died in
Assembly Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S1858B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1858--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced   by  Sens.  BONACIC,  ALCANTARA,  AVELLA,  FELDER,  KENNEDY,
   MARCHIONE -- read twice and ordered printed, and when  printed  to  be
   committed  to  the Committee on Health -- 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  --  recommitted  to  the  Committee  on
   Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  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 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 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 ANY OF  THE
 FOLLOWING LICENSED PROFESSIONALS, PROVIDED HOWEVER, ALL DECISIONS, IDEN-
 TIFICATION  OR  COORDINATION  OF PROFESSIONAL SERVICES, OR OTHER PROFES-
 SIONAL INTERACTIONS WITH CAMPERS AND STAFF, MUST BE MADE  BASED  ON  THE
 PROFESSIONAL  JUDGMENT OF SUCH LICENSEES: a physician, nurse practition-
 er, physician assistant, registered nurse, or licensed  practical  nurse
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03952-05-8

 S. 1858--B                          2
 
 or  emergency  medical  technician  to  act  as a designated camp health
 director or to provide health services in assistance to the camp  health
 director  pursuant  to applicable regulations promulgated by the commis-
 sioner.
   §  3.  The public health law is amended by adding a new section 1394-c
 to read as follows:
   § 1394-C. LICENSED PROFESSIONALS. 1. ANY PERSON, FIRM, CORPORATION, OR
 ASSOCIATION THAT OPERATES A CHILDREN'S OVERNIGHT, SUMMER DAY OR  TRAVEL-
 ING SUMMER DAY CAMP, AND HAS OBTAINED A PERMIT PURSUANT TO SECTION THIR-
 TEEN HUNDRED NINETY-THREE OF THIS ARTICLE, SHALL BE AUTHORIZED TO EMPLOY
 OR CONTRACT WITH ANY OF THE FOLLOWING LICENSED PROFESSIONALS: A PHYSICAL
 THERAPIST,  PHYSICAL THERAPIST ASSISTANT UNDER THE DIRECTION AND CONTROL
 OF A PHYSICAL  THERAPIST,  PSYCHOLOGIST,  LICENSED  BEHAVIORAL  ANALYST,
 OCCUPATIONAL  THERAPIST, OCCUPATIONAL THERAPY ASSISTANT UNDER THE DIREC-
 TION AND SUPERVISION  OF  AN  OCCUPATIONAL  THERAPIST,  LICENSED  MASTER
 SOCIAL  WORKER,  LICENSED CLINICAL SOCIAL WORKER, LICENSED MENTAL HEALTH
 COUNSELOR, LICENSED CREATIVE ARTS THERAPIST OR ATHLETIC TRAINER.
   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
 TO CAMPERS AND STAFF DURING THEIR ATTENDANCE OR EMPLOYMENT AT SUCH CAMP.
   § 4. This act shall take effect immediately.

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Senate Bill S1858B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 21, 2017 - Floor Vote

Floor Vote: Jun 21, 2017

Jun 21, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 21, 2017

May 31, 2018 - Health Committee Vote

Health Committee Vote: May 31, 2018

May 9, 2017 - Health Committee Vote

Health Committee Vote: May 9, 2017

Bill Amendments

co-Sponsors

2017-S1858 - Details

2017-S1858 - Summary

2017-S1858 - Sponsor Memo

2017-S1858 - Bill Text download pdf

co-Sponsors

2017-S1858A - Details

2017-S1858A - Summary

2017-S1858A - Sponsor Memo

2017-S1858A - Bill Text download pdf

co-Sponsors

2017-S1858B (ACTIVE) - Details

2017-S1858B (ACTIVE) - Summary

2017-S1858B (ACTIVE) - Sponsor Memo

2017-S1858B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1858B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2017-S1858 - Details

2017-S1858 - Summary

2017-S1858 - Sponsor Memo

2017-S1858 - Bill Text download pdf

co-Sponsors

2017-S1858A - Details

2017-S1858A - Summary

2017-S1858A - Sponsor Memo

2017-S1858A - Bill Text download pdf

co-Sponsors

2017-S1858B (ACTIVE) - Details

2017-S1858B (ACTIVE) - Summary

2017-S1858B (ACTIVE) - Sponsor Memo

2017-S1858B (ACTIVE) - Bill Text download pdf

Comments