NY State Senate Bill 2021-S4345A

Senate Bill S4345A

Signed By Governor

2021-2022 Legislative Session

Authorizes summer camps to hire certain licensed professionals to provide services

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Aug 02, 2021	approval memo.13
Jul 16, 2021	signed chap.289
Jul 12, 2021	delivered to governor
Jun 01, 2021	returned to senate passed assembly ordered to third reading rules cal.181 substituted for a4801a referred to higher education delivered to assembly passed senate
May 24, 2021	amended on third reading 4345a
Feb 24, 2021	advanced to third reading
Feb 23, 2021	2nd report cal.
Feb 22, 2021	1st report cal.378
Feb 03, 2021	referred to health

Votes

- Jun 1, 2021 - Floor Vote
  S4345A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Feb 22, 2021 - Health Committee Vote
  S4345A
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 22, 2021
      
      aye (15)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S4345 - Details

See Assembly Version of this Bill:: A4801
Law Section:: Public Health Law
Laws Affected:: Amd §1394, add §1394-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9072, A11228
2019-2020: S3834, A3074

2021-S4345 - 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.

2021-S4345 - Sponsor Memo

                                
 
BILL NUMBER: S4345

SPONSOR: BROUK
 
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 healthcare
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 permit 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 disabili-
ties 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, iden-
tification 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 regu-
lations promulgated by the commissioner in consultation with the commis-
sioner 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, psychologists, 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 signif-
icant 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:

2019-2020: 53834 (Metzger) Passed Senate.

2018: S9072 (Ortt) - Referred to Rules/A11228 Abinanti - Referred to
Health.

2013-2014: S4108B (Bonacic) - Referred to Health/A6390B (Paulin) -
Referred to Codes.

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
Immediately

2021-S4345 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4345
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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 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 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, 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 commissioner].
 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  PROFES-
 SIONAL  SERVICES  WITHIN  HIS  OR  HER  LAWFUL SCOPE OF PRACTICE FOR THE
 PURPOSE OF TREATING CAMPERS AND STAFF DURING THEIR ATTENDANCE OR EMPLOY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01386-02-1

 S. 4345                             2
 
 MENT 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.
   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.
   §  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.
   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 immediately.

co-Sponsors

2021-S4345A (ACTIVE) - Details

See Assembly Version of this Bill:: A4801
Law Section:: Public Health Law
Laws Affected:: Amd §1394, add §1394-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9072, A11228
2019-2020: S3834, A3074

2021-S4345A (ACTIVE) - Summary

2021-S4345A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4345A

SPONSOR: BROUK
 
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 OR GENERAL IDEA OF BILL:

The bill would allow children's overnight camps, summer day camps, trav-
eling summer day camps and camps for children with developmental disa-
bilities to employ certain licensed professionals in order to better
serve the mental and physical needs of 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) and adds new
provisions to authorize 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 the licensed profes-
sionals listed to provide professional services, and emergency medical
technicians to provide health services to assist the camp health direc-
tor, 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 3 amends the public health law by adding section 1394-c to
authorize 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 profes-
sionals under articles 132 (chiropractic), 136 (physical therapy), 156
(occupational therapy), 159 (speech-language pathologists and audiolo-
gists), 162 (athletic trainers) and 167 (applied behavior analysis) of
the education law, between June first and September fifteenth.

Section 4 is the effective date.

 
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 for the mental
health and physical well-being of campers. Additionally, camps catering
to children whose lives have been impacted by traumatic events would be

better able to serve these children, by having 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 our youth, highlights the need for continuous services by licensed
mental health practitioners. These mental health problems do not stop
when these children attend summer camps. In addition, New York State has
adopted the principal that there should be parity in the provision of
mental health services and physical health services.  This bill will
further support that principal.

Finally, children with developmental disabilities require additional
services that should be continued at camp. This bill will ensure that
the licensed professionals and practitioners needed to provide these
necessary services are available. Prohibiting children's camps from
hiring licensed professionals and practitioners specially trained to
deal with the physical and mental needs of the children they serve does
them a disservice. Camps should be allowed and encouraged to offer these
services to the children who need them during their summer camp experi-
ence.

This bill will provide peace of mind to parents, knowing that their
children are in the capable hands of licensed practitioners at summer
camp, while also allowing camps to provide the same nurturing services
that they have provided in the past.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A.3074-A referred to higher education;
2018: A.11228 referred to health; same as S9072 (Ortt) referred to
Rules;
2016-17: A.9680-A referred to higher education; same as S.1603-A (Bona-
cic) passed senate;
2013-14: A.6360-B (Paulin) referred to health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2021-S4345A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4345--A
     Cal. No. 378
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens.  BROUK, HELMING, HINCHEY -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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 five new subdivisions
 6, 7, 8, 9 and 10 are added to read as follows:
   3. [Any] NOTWITHSTANDING THE PROVISIONS OF TITLE VIII OF THE EDUCATION
 LAW, 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 physi-
 cian, 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]  FOR  THE  SOLE PURPOSE OF PROVIDING
 HEALTH SERVICES THAT BENEFIT CAMPERS AND STAFF AT  THE  CAMP  WHILE  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01386-05-1

 S. 4345--A                          2
 
 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.
   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 THE SOLE PURPOSE OF PROVIDING HEALTH SERVICES THAT BENEFIT
 CAMPERS AND STAFF AT THE CAMP WHILE THE CAMP IS IN OPERATION.   INDIVID-
 UALS  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. 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 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. 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.
   § 3. The public health law is amended by adding a new  section  1394-c
 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-
 EN  OF  THE EDUCATION LAW, TO PROVIDE PROFESSIONAL SERVICES BETWEEN JUNE

 S. 4345--A                          3
 
 FIRST AND SEPTEMBER FIFTEENTH.  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.
   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.
   § 4. This act shall take effect one year after it shall have become  a
 law.  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.

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Senate Bill S4345A

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Sponsored By

Samra G. Brouk

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Pamela Helming

Michelle Hinchey

2021-S4345 - Details

2021-S4345 - Summary

2021-S4345 - Sponsor Memo

2021-S4345 - Bill Text download pdf

co-Sponsors

James Gaughran

Pamela Helming

Michelle Hinchey

John W. Mannion

2021-S4345A (ACTIVE) - Details

2021-S4345A (ACTIVE) - Summary

2021-S4345A (ACTIVE) - Sponsor Memo

2021-S4345A (ACTIVE) - Bill Text download pdf

Comments