S6466B-2011 Actions

• Jul 18, 2012: SIGNED CHAP.214
• Jul 6, 2012: DELIVERED TO GOVERNOR
• Jun 20, 2012: returned to senate
• Jun 20, 2012: passed assembly
• Jun 20, 2012: ordered to third reading rules cal.454
• Jun 20, 2012: substituted for a9794a
• Jun 18, 2012: referred to codes
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 18, 2012: ORDERED TO THIRD READING CAL.1278
• Jun 18, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 12, 2012: PRINT NUMBER 6466B
• Jun 12, 2012: AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
• Mar 14, 2012: PRINT NUMBER 6466A
• Mar 14, 2012: AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
• Feb 13, 2012: REFERRED TO HIGHER EDUCATION

S6466B-2011 Meetings

S6466B-2011 Calendars

S6466B-2011 Votes

S6466B-2011 Memo

BILL NUMBER:S6466B

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 licensed health care
professionals in order to serve the needs of children during their
summer camp experience.
The bill resolves a statutory conflict between section 6512 of the
Education Law and Department of Health regulation 10 NYCRR 7-2.8(a).

SUMMARY OF PROVISIONS:
Section 1. Amends section 1394 of the public health law by adding a
new subdivision 3 which allows the operator of a children's camp to
employ, or contract with, a health care professional (physician,
nurse practitioner, physician assistant, registered nurse, licensed
practical nurse, or emergency medical technician) to provide health
services at the camp.

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. The SED's statutory
interpretation prohibits community based organizations and businesses
from employing licensed professionals to provide quality services in
New York's communities.

The SED has construed that the corporate practice ban restricts summer
camps from employing licensed professionals. This means that camps
cannot legally employ nurses or other health care professionals to
meet the needs of children during the summer camp experience.

Parents and camps rely on the presence of licensed professionals at
camps to ensure that children receive their daily medication for
allergies or illness, prevent and stop the outbreak of hair lice,
evaluate illnesses and injuries that may occur, promote an
environment to prevent infectious outbreaks like MRSA from occurring,
and otherwise safeguard the well being of campers and staff.

Moreover, the SED's interpretation of section 6512 of the Education
Law is in direct conflict with Department of Health regulation 10
NYCRR 7-2.8(a), which requires camps to have a licensed health care
professional on staff to act as the camp health director. 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 IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6466B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6466--B
 I N  SENATE
 February 13, 2012
 
 Introduced by Sens. BONACIC, AVELLA, DUANE, FLANAGAN, FUSCHILLO, GRISAN
 TI,  JOHNSON, KLEIN, KRUEGER, LIBOUS, LITTLE, MARTINS, McDONALD, MONT
 GOMERY, NOZZOLIO, OPPENHEIMER, PARKER, ROBACH, SAMPSON, SAVINO, SERRA
 NO, STEWART-COUSINS --  read  twice  and  ordered  printed,  and  when
 printed  to  be  committed  to  the  Committee  on Higher Education -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted  to  said committee -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee
 

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 3 to read as follows:

 3.    ANY  PERSON,  FIRM,  CORPORATION, OR ASSOCIATION THAT OPERATES A
 CHILDREN'S OVERNIGHT, SUMMER DAY, OR TRAVELING SUMMER DAY CAMP, AND  HAS
 OBTAINED  A  PERMIT PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-THREE OF
 THIS ARTICLE, SHALL BE AUTHORIZED TO EMPLOY OR CONTRACT  WITH  A  PHYSI
 CIAN,  NURSE  PRACTITIONER,  PHYSICIAN  ASSISTANT,  REGISTERED NURSE, OR
 LICENSED PRACTICAL NURSE OR EMERGENCY MEDICAL TECHNICIAN  TO  ACT  AS  A
 DESIGNATED CAMP HEALTH DIRECTOR OR TO PROVIDE HEALTH SERVICES IN ASSIST
 ANCE  TO  THE  CAMP  HEALTH  DIRECTOR PURSUANT TO APPLICABLE REGULATIONS
 PROMULGATED BY THE COMMISSIONER.
 

S 2.  This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14356-05-2

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