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Senator · Senate District 42
History
- Referred to higher education
- Delivered to assembly
- Passed senateVote 60–0
- Amended on third reading 1603a
- Ordered to third reading cal.963
- Committee discharged and committed to rules
- Reported and committed to higher education
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
Show 5 earlier actions
- Passed senateVote 62–0
- Ordered to third reading cal.1345
- Committee discharged and committed to rules
- Reported and committed to higher education
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes summer camps to hire certain licensed professionals to provide services
In Assembly Committee · Higher Education · Sponsor Thomas Abinanti
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 which serve children with special needs to contract with 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 subdivision 1 of section 1394 of the Public Health Law to update the name of the Public Health and Health Planning Council.
Section 2: Amends subdivision 3 of section 1394 of the Public Health Law to require all decisions, identification or coordination of professional services and professional interactions with campers and staff to be made based on professional judgment of the licensees.
Section 2 also amends subdivision 3 of section 1394 of the Public Health Law by providing that children's overnight camps, summer day camps, or traveling summer day camps may contract with a physical therapist, psychologist, licensed behavioral analyst, occupational therapist, occupational therapy assistant under the direction and supervision of an occupational therapist, licensed master social worker, licensed clinical social worker, licensed mental health counselor, licensed creative arts therapist or athletic trainer to provide services within his or her lawful scope of practice.
Section 3: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 has construed that the corporate practice ban restricts summer camps from employing licensed professionals. Legislation enacted in 2012 (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 to better serve children with special needs 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 a 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 serve children with special needs attending these camps.
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.
Legislative history
S.4108-B of 2014 (similar): Died in Senate Health, Died in Assembly Codes S.4108-B of 2013 (similar): Died in Senate Higher Education, Died in Assembly Rules
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.