S T A T E O F N E W Y O R K
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3074--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. ABINANTI, BUCHWALD, SIMON, GOTTFRIED, L. ROSEN-
THAL, CRESPO, McDONALD, PAULIN, AUBRY, GARBARINO, FAHY, RA, D'URSO,
GUNTHER, JAFFEE, BLAKE, CROUCH, MORINELLO, SAYEGH, MIKULIN, STIRPE,
LENTOL, DAVILA, DeSTEFANO, DICKENS, SIMOTAS, BRABENEC, WEPRIN, LAVINE,
ZEBROWSKI, ASHBY -- Multi-Sponsored by -- M. of A. BUTTENSCHON, COOK,
GALEF, HEVESI, WALCZYK, WALSH -- read once and referred to the Commit-
tee on Higher Education -- recommitted to the Committee on Higher
Education in accordance with Assembly Rule 3, sec. 2 -- 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 two new subdivisions
6 and 7 are added 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: a physician, nurse practitioner,
physician assistant, registered nurse, LICENSED MENTAL HEALTH PROFES-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02871-02-0
A. 3074--A 2
SIONAL, 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 regu-
lations promulgated by the commissioner].
6. (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 TO THE CAMP
HEALTH DIRECTOR.
(B) EMERGENCY MEDICAL TECHNICIANS SHALL NOT BE AUTHORIZED TO SERVE AS
A DESIGNATED CAMP HEALTH DIRECTOR.
7. 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. The public health law is amended by adding two new sections
1394-c and 1394-d to read as follows:
§ 1394-C. LICENSED PROFESSIONALS; CHILDREN'S CAMPS. 1. 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 ANY OF THE MENTAL HEALTH PRAC-
TITIONERS LICENSED UNDER ARTICLES ONE HUNDRED FIFTY-THREE, ONE HUNDRED
FIFTY-FOUR AND ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW, TO PROVIDE
PROFESSIONAL SERVICES BETWEEN JUNE FIRST AND SEPTEMBER FIFTEENTH.
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. A CAMP THAT EMPLOYS OR CONTRACTS WITH A LICENSED MENTAL HEALTH
PROFESSIONAL UNDER THIS SECTION SHALL LIST SUCH PROFESSIONAL IN THEIR
GENERAL CONSENT FORM.
4. 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.
§ 1394-D. LICENSED PROFESSIONALS; CAMPS FOR CHILDREN WITH DEVELOP-
MENTAL DISABILITIES. 1. CAMPS FOR CHILDREN WITH DEVELOPMENTAL DISABILI-
TIES, AS DEFINED IN SUBPART 7-2.2, PART 7, CHAPTER 1 OF TITLE 10 OF THE
NEW YORK 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 LICENSED PROFESSIONALS
LICENSED UNDER ARTICLES ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-SIX,
ONE HUNDRED FIFTY-SIX, ONE HUNDRED FIFTY-NINE, ONE HUNDRED SIXTY-TWO AND
ONE HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW, TO PROVIDE PROFESSIONAL
SERVICES BETWEEN JUNE FIRST AND SEPTEMBER FIFTEENTH.
A. 3074--A 3
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.
§ 4. This act shall take effect June 1, 2020.