Legislation

Search OpenLegislation Statutes
This entry was published on 2021-07-30
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1394
Children's camps; standards and regulations
Public Health (PBH) CHAPTER 45, ARTICLE 13-B
§ 1394. Children's camps; standards and regulations. * 1. The public
health council shall prescribe standards 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.

* NB Effective until July 16, 2022

* 1. The public health and health planning council shall prescribe
standards 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.

* NB Effective July 16, 2022

2. All buses or other motor vehicles which are owned by a traveling
summer day camp or which are operated or leased by such camp for the
purpose of transporting children attending such camp shall meet the
requirements for safe operation of such vehicles as provided for in
section one hundred forty of the transportation law.

* 3. 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 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.

* NB Effective until July 16, 2022

* 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 article, shall be authorized to employ or contract with a
physician, nurse practitioner, physician assistant, registered nurse, or
licensed practical nurse 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 treatment, but shall
be informed of such treatment as medically necessary to ensure the
well-being of the camper.

* NB Effective July 16, 2022

4. Each children's overnight camp, summer day camp and travelling
summer day camp shall allow children attending such camp to carry and
use topical sunscreen products approved by the federal Food and Drug
Administration for over-the-counter use for the purpose of avoiding
overexposure to the sun and not for medical treatment of an injury or
illness, with the written permission of the parent or guardian of the
child. A record of such permission shall be maintained by the camp. A
child who is unable to physically apply sunscreen may be assisted by
unlicensed personnel when directed to do so by the child, if permitted
by a parent or guardian and authorized by the camp.

5. Each children's overnight camp, summer day camp and traveling
summer day camp shall allow children attending such camp to carry and
use insect repellent with the written permission of a parent or guardian
of any child. A record of such permission shall be maintained by the
camp. A child who is unable to physically apply insect repellent may be
assisted by unlicensed personnel when directed to do so by the child, if
permitted by a parent or guardian and authorized by the camp.

* 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 article, 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.
Individuals hired under this section shall communicate with the camp
health director when medically necessary.

* NB Effective July 16, 2022

* 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.

* NB Effective July 16, 2022

* 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.

* NB Effective July 16, 2022

* 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
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.

* NB Effective July 16, 2022

* 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.

* NB Effective July 16, 2022