Bill Text: NY S07883 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-01 - SUBSTITUTED BY A8773 [S07883 Detail]

Download: New_York-2021-S07883-Introduced.html

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                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.