NY State Senate Bill S4345

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

view votes

Feb 22, 2021 - Health committee Vote

S4345

committee

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Nay

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Co-Sponsors

S4345 (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §1394, add §§1394-c & 1394-d, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9072
2019-2020: S3834

S4345 (ACTIVE) - 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.

S4345 (ACTIVE) - 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

S4345 (ACTIVE) - 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.

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The New York State Senate

senate Bill S4345

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 22, 2021 - Health committee Vote

Health Committee Vote: Feb 22, 2021

Co-Sponsors

S4345 (ACTIVE) - Details

S4345 (ACTIVE) - Summary

S4345 (ACTIVE) - Sponsor Memo

S4345 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4345

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Sponsored By

Samra G. Brouk

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 22, 2021 - Health committee Vote

Health Committee Vote: Feb 22, 2021

Co-Sponsors

Pamela Helming

Michelle Hinchey

S4345 (ACTIVE) - Details

S4345 (ACTIVE) - Summary

S4345 (ACTIVE) - Sponsor Memo

S4345 (ACTIVE) - Bill Text download pdf

Comments