BILL NUMBER: S3834

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the provision of certain professional services to children's camps and
camps for children with developmental disabilities

 
PURPOSE:

The bill allows children's overnight camps, summer day camps, traveling
summer day camps and camps for children with developmental disabilities
to employ certain specified licensed professionals and mental health
care practitioners, in order to better serve the mental and physical
needs of these children during their summer camp experience.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends public health law section 1394(1) to
provide the public health and health planning council shall prescribe
standards and regulations for children's overnight, summer day and trav-
eling summer camps.
              

Section 2 amends public health law section 1394(3) to authorize the
operator of a children's overnight, summer day, or traveling summer day
camp, with a perrint pursuant to public health law section 1393, to
employ or contract with the licensed professionals listed, to provide
professional services, provided all decisions, identification or coordi-
nation of these services, or other professional interactions with camp-
ers and staff at the camp are made based on the professional judgment of
such licensee 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 commis-
sioner in consultation with the commissioner of education.

Section 3 amends the public health law by adding two new sections 1394c
and 1394-d.

Public health law section 1394-c authorizes the operator of a children's
overnight, summer day, or traveling summer day camp, with a permit
pursuant to public health law section 1393, to employ or contract with
any of the mental health practitioners licensed under articles 153
(psychologists), 154 (social workers) and 163(mental health practition-
ers) of the education law, provided all decisions, identification or
coordination of these services, or other professional interactions with
campers and staff at the camp are made based on the professional judg-
ment of such licensee within his or her lawful scope of practice for the
purpose of treating campers and staff during their attendance or employ-
ment at such camp, pursuant to applicable regulations promulgated by the
commissioner in consultation with the commissioner of education.

Public health law section 1394-d authorizes camps for children with
disabilities as defined in the New York codes, rules and regulations
Title 10, chapter 1, part 7-2.2, and in compliance with the justice
center for the protection of people with special needs, to employ or
contract with any of the licensed professionals under articles 132
(chiropractic), 135 (physical therapists),156 (occupational therapy),
159 (speech-language pathologists and audiologists), 162 (athletic
trainers) and 167 (applied behavior analysis) of the education law,
provided all decisions, identification or coordination of these
services, or other professional interactions with campers and staff at
the camp are made based on the professional judgment of such licensee
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.

Section 4 is the effective date.

 
EXISTING LAW:

Under the current law, mental health professionals are excluded from the
list of permissible services a summer camp may engage on behalf of camp
attendees.

 
JUSTIFICATION:

Parents and camps rely on the presence of licensed professionals and
practitioners to ensure the well-being of the children they serve.  Many
summer camps, if authorized, would employ additional licensed profes-
sionals and practitioners to provide needed services to care for the
mental health and physical well-being of campers. Under this legis-
lation, camps may choose to engage the services of social workers, phys-
ical therapists, psychologist, athletic trainers, mental health care
professionals, and occupational therapists.

Of particular note, camps serving children affected by traumatic events
would better meet the need of campers by engaging licensed mental health
practitioners. The significant increase in the number of young people
diagnosed with mental health disorders, coupled with the tragic increase
in suicides among young people, highlights the need for services by
licensed mental health practitioners. Although time at a summer camp is
often considered a vacation, mental health conditions do not take a
vacation.

New York State has adopted the principle of parity between mental health
services and physical health services. This bill will further support
that principle.

Children at camps are disadvantaged when the law prohibits camps from
hiring professionals capable of addressing the physical and mental
health needs of campers. Camps must be permitted to offer services chil-
dren who need them during their summer camp experience. This legislation
provides peace of mind to parents, knowing that their children are in
the capable hands of licensed practitioners at summer camps.

 
LEGISLATIVE HISTORY:

2017- 2018 59072 - Referred to Health / A11228 Abinanti

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately