Authorizes summer camps to hire licensed social workers, physical therapists, psychologists, athletic trainers and mental health care professionals to provide services.
TITLE OF BILL: An act to amend the public health law, in relation to the provision of certain professional services to children's camps
PURPOSE: The bill allows children's overnight camps, summer day camps, and traveling summer day camps to employ certain specified Licensed health care professionals in order to better serve the mental and physical needs of children during their summer camp experience.
SUMMARY OF PROVISIONS:
Section 1: Amends section 1394 of the Public Health Law by adding a new subdivision 4 which provides that children's overnight camps, summer day camps, or traveling summer day camps may employ physical therapists, psychologists, social workers, athletic trainers and mental health practitioners.
Section 2: Effective date.
JUSTIFICATION: The State Education Department (SED) has interpreted section 6512 of the Education Law to prohibit any licensed professional from practicing his or her profession while under the supervision of a non-licensed professional in that particular field. This is commonly known as the ban on corporate practice.
EXEMPTION FOR CAMPS The SED has construed that the corporate practice ban restricts summer camps from employing licensed professionals. Legislation enacted last year (Chapter 214 of the Laws of 2012) partially remedied this problem by allowing camps to employ a physician, nurse practitioner, physician assistant, registered nurse, or licensed practical nurse or emergency medical technician. However, additional legislation is necessary to permit camps to legally employ social workers, other mental health care professionals, and physical therapists or athletic trainers to better meet the needs of children during the summer camp experience.
Parents and camps rely on the presence of licensed professionals to ensure the mental and physical well-being of their children. Currently, any camp that employed an athletic trainer, physical therapist, or a mental health professional would technically be in violation of Section 6512 of the Education Law. These camps are not hiring licensed professionals to circumvent corporate practice laws, but rather, they are attempting to hire the best possible people to meet the needs of children attending these camps.
Many resident camps involving sports and athletic activities would opt to employ an athletic trainer or physical therapist to attend to and monitor the physical well-being of campers. Camps catering to children whose lives have been drastically impacted by major events such as 9/11 and Hurricane Sandy are better able to serve campers by hiring licensed mental health professionals who can help children cope appropriately with these traumatic events. Prohibiting children's camps from hiring licensed professionals, specially trained to deal with these sensitive areas, does a disservice to our children. Camps must be allowed and encouraged to offer the best possible services
available to the children who need them during the summer camp experience.
This bill gives peace of mind to parents, knowing that their children are in the safe hands of licensed professionals during their summer camp experience, while also allowing camps to provide the same nurturing services that they have provided in the past.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4108 2013-2014 Regular Sessions IN SENATE March 8, 2013 ___________Introduced by Sens. BONACIC, BALL, CARLUCCI, DeFRANCISCO, FUSCHILLO, GRIFFO, LANZA, LARKIN, MARCHIONE, MARTINS, MONTGOMERY, STAVISKY, ZELDIN -- 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1394 of the public health law is amended by adding a new subdivision 4 to read as follows: 4. NOTHING IN SECTION SIXTY-FIVE HUNDRED TWELVE OF THE EDUCATION LAW SHALL BE CONSTRUED TO PROHIBIT A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY CAMP, OR TRAVELING SUMMER DAY CAMP, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS ARTICLE, FROM EMPLOYING A LICENSED PROFES- SIONAL TO PROVIDE SERVICES PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SIX, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED SIXTY-TWO OR ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08416-01-3