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S1858Senate2017-2018 SessionSame asA3088

Let Camps Hire More Professionals

Official title

“Authorizes summer camps to hire certain licensed professionals to provide services”

Sponsor John J. BonacicSD-42+10 co-sponsorsAffects Education
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill allows children’s camps in New York to hire additional licensed health and mental health professionals to provide services.

Why it matters

  1. Expands the range of support available to campers and staff. by allowing camps to hire not only medical professionals but also mental health and therapy specialists, such as psychologists, social workers, behavioral analysts, and occupational and physical therapists.

  2. Aims to address diverse camper needs, including mental health and developmental challenges. , reflecting a growing recognition of the importance of mental and behavioral health services for children and young adults in camp environments.

  3. Ensures that decisions and care provided by these professionals must be based on their own professional judgment and within their legal scope of practice. , safeguarding the quality and appropriateness of services delivered at camps.

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Who cares

Headline styles

Let Camps Hire More Professionals

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1482
  5. Print number 1858b
  6. Amend and recommit to health
  7. Referred to health
  8. Returned to senate
  9. Died in assembly
  10. Referred to higher education
  11. Delivered to assembly
  12. Passed senateVote 62–0
Show 6 earlier actions
  1. Ordered to third reading cal.2115
  2. Committee discharged and committed to rules
  3. Print number 1858a
  4. Amend and recommit to higher education
  5. Reported and committed to higher education
  6. 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.

A3088Assembly

Allow Camps to Hire Specialists

In Assembly Committee · Higher Education · Sponsor Thomas Abinanti

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1858--B

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

Introduced by Sens. BONACIC, ALCANTARA, AVELLA, FELDER, KENNEDY, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee and committed to the Committee on Higher Education -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- 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 Assembly, do enact as follows:

Section 1. Subdivision 1 of section 1394 of the public health law, as added by chapter 515 of the laws of 2000, is amended to read as follows:

1. The public health and health planning council shall prescribe standards and establish regulations for children's overnight, summer day and traveling summer day camps, as defined in this article, concerning such matters as may be appropriate for the protection and security of the life, health and safety of the occupants of such camps.

§ 2. Subdivision 3 of section 1394 of the public health law, as added by chapter 214 of the laws of 2012, is amended 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 any of the following licensed professionals, provided however, all decisions, identification or coordination of professional services, or other professional interactions with campers and staff, must be made based on the professional judgment of such licensees: a physician, nurse practitioner, physician assistant, registered nurse, or licensed practical nurse

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03952-05-8

S. 1858--B 2

or emergency medical technician to act as a designated camp health director or to provide health services in assistance to the camp health director pursuant to applicable regulations promulgated by the commissioner.

§ 3. The public health law is amended by adding a new section 1394-c to read as follows:

§ 1394-c. Licensed professionals. 1. 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 any of the following licensed professionals: a physical therapist, physical therapist assistant under the direction and control of 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.

2. All decisions, identification or coordination of professional services, or other professional interactions with campers and staff, must be made based on the professional judgment of such licensees to provide professional services within his or her lawful scope of practice to campers and staff during their attendance or employment at such camp.

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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 trav- eling 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 3:Amends the Public Health Law by adding a new section 1394-c which provides that children's overnight camps, summer day camps, or traveling summer day camps may contract with a physical therapist, phys- ical therapist assistant under the direction and control of a physical therapist, psychologist, licensed behavioral analyst, occupational ther- apist, occupational therapy assistant under the direction and super- vision 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 4: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 profes- sional 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 profes- sional would technically be in violation of Section 6512 of the Educa- tion Law. These camps are not hiring licensed professionals to circum- vent 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.1603-A of 2016: Passed Senate, Died in Assembly Higher Education S.1603 of 2015: Passed Senate, Died in Assembly Health 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.