S4108-2013 Actions

• May 8, 2013: PRINT NUMBER 4108A
• May 8, 2013: AMEND AND RECOMMIT TO HEALTH
• Mar 8, 2013: REFERRED TO HEALTH

S4108-2013 Memo

BILL NUMBER:S4108

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.

S4108-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4108
 2013-2014 Regular Sessions
 I N  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

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