Bill Text: NY S07883 | 2021-2022 | General Assembly | Introduced
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
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. LBD01386-08-2S. 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 September9fifteenth] 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 a15children's overnight, summer day, or traveling summer day camp, and has16obtained a permit pursuant to section thirteen hundred ninety-three of17this article, shall be authorized to employ or contract with emergency18medical technicians to provide health services in assistance or in19communication with the camp health director for the sole purpose of20providing health services that benefit campers and staff at the camp21while the camp is in operation.22(b) Emergency medical technicians shall not be authorized to serve as23a designated camp health director.248.] 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 [subpart517-2.2 of part seven of chapter one of title ten of the New York state52codes, 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 June2first 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.