S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8773
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Higher Education
 
 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. Subdivisions 3, 6, 7, 8, 9 and 10 of section  1394  of  the
 public  health law, subdivision 3 as amended and subdivisions 6, 7, 8, 9
 and 10 as added by a chapter of the laws of 2021,  amending  the  public
 health law relating to the provision of certain professional services to
 children's camps and camps for children with developmental disabilities,
 as  proposed  in  legislative  bills  numbers S.4345-A and A.4801-A, are
 amended to read as follows:
   3. Notwithstanding the provisions of Title VIII of the education  law,
 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  arti-
 cle,  shall  be authorized to employ or contract with a physician, nurse
 practitioner, physician assistant, registered nurse, or licensed practi-
 cal 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 for the sole purpose of providing health  services  that
 benefit campers and staff at the camp while the camp is in operation. In
 cases  where the camp health director's lawful scope of practice is more
 limited than that of the licensed professional providing  services,  the
 camp  health  director  shall not supervise the provision of such treat-
 ment, but shall be informed of such treatment as medically necessary  to
 ensure  the  well-being of the camper AND STAFF. IN CASES WHERE AN EMER-
 GENCY MEDICAL TECHNICIAN IS THE  CAMP  HEALTH  DIRECTOR,  THE  EMERGENCY
 MEDICAL TECHNICIAN SHALL NOT SUPERVISE THE PROVISION OF TREATMENT BY THE
 LICENSED  PROFESSIONAL PROVIDING SERVICES, BUT SHALL BE INFORMED OF SUCH
 TREATMENT AS MEDICALLY NECESSARY TO ENSURE THE WELL-BEING OF THE  CAMPER
 AND STAFF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01386-08-2
 A. 8773                             2
 
   6.  Notwithstanding the provisions of Title VIII of the education law,
 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 arti-
 cle, shall be authorized to employ or contract with individuals licensed
 under  articles  one  hundred  fifty-three,  one hundred fifty-four, one
 hundred sixty-three and one hundred sixty-seven of the education law  to
 provide  mental  health  services  [between  June  first  and  September
 fifteenth] FOR ANY PERIOD DURING WHICH THE CAMP HAS A  VALID  PERMIT  TO
 OPERATE AND for the sole purpose of providing health services that bene-
 fit campers and staff at the camp while the camp is in operation.  Indi-
 viduals  hired under this section shall communicate with the camp health
 director when medically necessary.
   7. [(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  or  in
 communication  with    the  camp health director for the sole purpose of
 providing health services that benefit campers and  staff  at  the  camp
 while the camp is in operation.
   (b)  Emergency medical technicians shall not be authorized to serve as
 a designated camp health director.
   8.] 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.
   [9.] 8. 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  authorize  such  camp,  nor  shall the authority to hire individuals
 licensed 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.
   [10.]  9. A camp that employs or contracts with an individual licensed
 under articles one hundred  fifty-three,  one  hundred  fifty-four,  one
 hundred  sixty-three  and  one  hundred sixty-seven of the education law
 under this section shall list such individuals in their general  consent
 form.
   § 2. Section 1394-c of the public health law, as added by a chapter of
 the  laws  of  2021,  amending  the  public  health  law relating to the
 provision of certain professional services to children's camps and camps
 for children with developmental disabilities, as proposed in legislative
 bills numbers S.4345-A and A.4801-A, is amended to read as follows:
   § 1394-c. Camps for children with developmental disabilities. 1. Camps
 for children with developmental disabilities,  as  defined  in  [subpart
 7-2.2  of  part  seven of chapter one of title ten of the New York state
 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 individuals 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-sev-
 A. 8773                             3
 
 en  of the education law, to provide professional services [between June
 first and September fifteenth] FOR ANY PERIOD DURING WHICH THE CAMP  HAS
 A  VALID  PERMIT  TO OPERATE. Individuals hired under this section shall
 communicate  with  the camp health director when medically necessary for
 the sole purpose of providing health services that benefit  campers  and
 staff  at  the  camp  while the camp is in operation. In cases where the
 camp health director's lawful scope of practice  is  more  limited  than
 that  of  the  licensed professional providing services, the camp health
 director shall not supervise the provision of such treatment, but  shall
 be informed of such treatment as medically necessary to ensure the well-
 being of the camper AND STAFF.
   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.  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.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2021, amending the public health  law
 relating to the provision of certain professional services to children's
 camps  and  camps  for  children  with  developmental  disabilities,  as
 proposed in legislative  bills  numbers  S.4345-A  and  A.4801-A,  takes
 effect.   Effective immediately the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its effective date are authorized to be made on or before such date.