Amd 1394 & 1394-c, Pub Health L (as proposed in S.4345-A & A.4801-A)
Allows for an emergency medical technician to act as a designated camp health director or to provide health services in assistance to the camp health director at children's camps and camps for children with developmental disabilities; allows for children's camps and camps for children with developmental disabilities to contract with licensed medical professionals to provide professional services during any period in which the camp has a valid permit to operate.
STATE OF NEW YORK
________________________________________________________________________
7883
IN SENATE
January 18, 2022
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
1 Section 1. Subdivisions 3, 6, 7, 8, 9 and 10 of section 1394 of the
2 public health law, subdivision 3 as amended and subdivisions 6, 7, 8, 9
3 and 10 as added by a chapter of the laws of 2021, amending the public
4 health law relating to the provision of certain professional services to
5 children's camps and camps for children with developmental disabilities,
6 as proposed in legislative bills numbers S.4345-A and A.4801-A, are
7 amended to read as follows:
8 3. Notwithstanding the provisions of Title VIII of the education law,
9 any person, firm, corporation, or association that operates a children's
10 overnight, summer day, or traveling summer day camp, and has obtained a
11 permit pursuant to section thirteen hundred ninety-three of this arti-
12 cle, shall be authorized to employ or contract with a physician, nurse
13 practitioner, physician assistant, registered nurse, or licensed practi-
14 cal nurse or emergency medical technician to act as a designated camp
15 health director or to provide health services in assistance to the camp
16 health director for the sole purpose of providing health services that
17 benefit campers and staff at the camp while the camp is in operation. In
18 cases where the camp health director's lawful scope of practice is more
19 limited than that of the licensed professional providing services, the
20 camp health director shall not supervise the provision of such treat-
21 ment, but shall be informed of such treatment as medically necessary to
22 ensure the well-being of the camper and staff. In cases where an emer-
23 gency medical technician is the camp health director, the emergency
24 medical technician shall not supervise the provision of treatment by the
25 licensed professional providing services, but shall be informed of such
26 treatment as medically necessary to ensure the well-being of the camper
27 and staff.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01386-08-2
S. 7883 2
1 6. Notwithstanding the provisions of Title VIII of the education law,
2 any person, firm, corporation, or association that operates a children's
3 overnight, summer day, or traveling summer day camp, and has obtained a
4 permit pursuant to section thirteen hundred ninety-three of this arti-
5 cle, shall be authorized to employ or contract with individuals licensed
6 under articles one hundred fifty-three, one hundred fifty-four, one
7 hundred sixty-three and one hundred sixty-seven of the education law to
8 provide mental health services [between June first and September
9 fifteenth] for any period during which the camp has a valid permit to
10 operate and for the sole purpose of providing health services that bene-
11 fit campers and staff at the camp while the camp is in operation. Indi-
12 viduals hired under this section shall communicate with the camp health
13 director when medically necessary.
14 7. [(a) Any person, firm, corporation, or association that operates a
15 children's overnight, summer day, or traveling summer day camp, and has
16 obtained a permit pursuant to section thirteen hundred ninety-three of
17 this article, shall be authorized to employ or contract with emergency
18 medical technicians to provide health services in assistance or in
19 communication with the camp health director for the sole purpose of
20 providing health services that benefit campers and staff at the camp
21 while the camp is in operation.
22 (b) Emergency medical technicians shall not be authorized to serve as
23 a designated camp health director.
24 8.] All decisions, identification or coordination of professional
25 services, or other professional interactions with campers and staff,
26 must be made based on the professional judgment of such licensees to
27 provide professional services within his or her lawful scope of practice
28 for the purpose of treating campers and staff during their attendance or
29 employment at such camp, pursuant to applicable regulations promulgated
30 by the commissioner in consultation with the commissioner of education.
31 [9.] 8. Nothing in this section shall be construed to limit the
32 authority of another state agency if such state agency is otherwise
33 authorized under another provision of law to certify, license, contract
34 or authorize such camp, nor shall the authority to hire individuals
35 licensed pursuant to this section be construed to provide an exemption
36 of such camp from any certification, licensure, or any other such
37 requirement established by such state agency or under any other
38 provision of law.
39 [10.] 9. A camp that employs or contracts with an individual licensed
40 under articles one hundred fifty-three, one hundred fifty-four, one
41 hundred sixty-three and one hundred sixty-seven of the education law
42 under this section shall list such individuals in their general consent
43 form.
44 § 2. Section 1394-c of the public health law, as added by a chapter of
45 the laws of 2021, amending the public health law relating to the
46 provision of certain professional services to children's camps and camps
47 for children with developmental disabilities, as proposed in legislative
48 bills numbers S.4345-A and A.4801-A, is amended to read as follows:
49 § 1394-c. Camps for children with developmental disabilities. 1. Camps
50 for children with developmental disabilities, as defined in [subpart
51 7-2.2 of part seven of chapter one of title ten of the New York state
52 codes, rules and] regulations, and in compliance with the justice center
53 for the protection of people with special needs, shall be authorized to
54 employ or contract with any of the individuals licensed under articles
55 one hundred thirty-two, one hundred thirty-six, one hundred fifty-six,
56 one hundred fifty-nine, one hundred sixty-two and one hundred sixty-sev-
S. 7883 3
1 en of the education law, to provide professional services [between June
2 first and September fifteenth] for any period during which the camp has
3 a valid permit to operate. Individuals hired under this section shall
4 communicate with the camp health director when medically necessary for
5 the sole purpose of providing health services that benefit campers and
6 staff at the camp while the camp is in operation. In cases where the
7 camp health director's lawful scope of practice is more limited than
8 that of the licensed professional providing services, the camp health
9 director shall not supervise the provision of such treatment, but shall
10 be informed of such treatment as medically necessary to ensure the well-
11 being of the camper and staff.
12 2. All decisions, identification or coordination of professional
13 services, or other professional interactions with campers and staff,
14 must be made based on the professional judgment of such licensees to
15 provide professional services within his or her lawful scope of practice
16 for the purpose of treating campers and staff during their attendance or
17 employment at such camp, pursuant to applicable regulations promulgated
18 by the commissioner in consultation with the commissioner of education.
19 3. Nothing in this section shall be construed to limit the authority
20 of another state agency if such state agency is otherwise authorized
21 under another provision of law to certify, license, contract or author-
22 ize such camp, nor shall the authority to hire licensed professionals
23 pursuant to this section be construed to provide an exemption of such
24 camp from any certification, licensure, or any other such requirement
25 established by such state agency or under any other provision of law.
26 § 3. This act shall take effect on the same date and in the same
27 manner as a chapter of the laws of 2021, amending the public health law
28 relating to the provision of certain professional services to children's
29 camps and camps for children with developmental disabilities, as
30 proposed in legislative bills numbers S.4345-A and A.4801-A, takes
31 effect. Effective immediately the addition, amendment and/or repeal of
32 any rule or regulation necessary for the implementation of this act on
33 its effective date are authorized to be made on or before such date.
