Authorizes a physician, nurse practitioner, physician assistant, registered nurse, licensed practical nurse or emergency medical technician to act as a designated camp health director or to provide health services at a children's overnight, summer day, or traveling summer day camp with a permit.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins
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.
STATE OF NEW YORK ________________________________________________________________________ 6466--B IN 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