NY Pub Health L § 1394 (2021)
2021 New York Laws PBH - Public Health Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children 1394 - Children's Camps; Standards and Regulations.

§  1394.  Children's camps; standards and regulations. * 1. The public health 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.   * NB Effective until July 16, 2022   * 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.   * NB Effective July 16, 2022   2.  All  buses  or other motor vehicles which are owned by a traveling summer day camp or which are operated or leased by  such  camp  for  the purpose  of  transporting  children  attending  such camp shall meet the requirements for safe operation of such  vehicles  as  provided  for  in section one hundred forty of the transportation law.   * 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 physician, 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 assistance   to   the   camp  health  director  pursuant  to  applicable regulations promulgated by the commissioner.   * NB Effective until July 16, 2022   * 3. Notwithstanding the provisions of Title  VIII  of  the  education law,  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 physician, nurse practitioner, physician assistant, registered nurse, or licensed  practical nurse to act as a designated camp health director or to provide health services in assistance to the camp health director for the sole purpose of providing health services that benefit  campers  and staff  at  the  camp  while the camp is in operation. In cases where the camp health director's lawful scope of practice  is  more  limited  than that  of  the  licensed professional providing services, the camp health director shall not supervise the provision of such treatment, but  shall be  informed  of  such  treatment  as  medically necessary to ensure the well-being of the camper.   * NB Effective July 16, 2022   4. Each children's overnight camp,  summer  day  camp  and  travelling summer  day  camp  shall allow children attending such camp to carry and use topical sunscreen products approved by the  federal  Food  and  Drug Administration  for  over-the-counter  use  for  the purpose of avoiding overexposure to the sun and not for medical treatment of  an  injury  or illness,  with  the  written permission of the parent or guardian of the child. A record of such permission shall be maintained by  the  camp.  A child  who  is  unable  to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the child,  if  permitted by a parent or guardian and authorized by the camp.   5.  Each  children's  overnight  camp,  summer  day camp and traveling summer day camp shall allow children attending such camp  to  carry  and use insect repellent with the written permission of a parent or guardian of  any  child.  A  record of such permission shall be maintained by the  camp.  A child who is unable to physically apply insect repellent may be assisted by unlicensed personnel when directed to do so by the child, if permitted by a parent or guardian and authorized by the camp.   * 6.  Notwithstanding  the  provisions  of Title VIII of the education law, 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 individuals licensed under articles one hundred fifty-three, one hundred fifty-four, one hundred sixty-three and one hundred sixty-seven of the education law to  provide  mental  health  services  between  June first and September fifteenth for the sole purpose of providing health services that benefit campers  and  staff  at  the  camp  while  the  camp  is  in  operation. Individuals  hired  under  this  section shall communicate with the camp health director when medically necessary.   * NB Effective July 16, 2022   * 7. (a) 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  emergency medical  technicians  to  provide  health  services  in assistance or in communication with the camp health director  for  the  sole  purpose  of providing  health  services  that  benefit campers and staff at the camp while the camp is in operation.  (b) Emergency medical technicians shall not be authorized to serve  as a designated camp health director.   * NB Effective July 16, 2022   * 8.  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 for the purpose of treating campers and staff during their attendance or employment at such camp, pursuant to applicable regulations  promulgated by the commissioner in consultation with the commissioner of education.   * NB Effective July 16, 2022   * 9. Nothing in this section shall be construed to limit the authority of  another  state  agency  if such state agency is otherwise authorized under  another  provision  of  law  to  certify,  license,  contract  or authorize  such  camp,  nor  shall  the  authority  to  hire individuals licensed pursuant to this section be construed to provide  an  exemption of  such  camp  from  any  certification,  licensure,  or any other such requirement  established  by  such  state  agency  or  under  any  other provision of law.   * NB Effective July 16, 2022   * 10.  A  camp  that  employs or contracts with an individual licensed under articles one hundred  fifty-three,  one  hundred  fifty-four,  one hundred  sixty-three  and  one  hundred sixty-seven of the education law under this section shall list such individuals in their general  consent form.   * NB Effective July 16, 2022