§ 1394 — Children's camps; standards and regulations

§ 1394. Children's camps; standards and regulations. 1. The public\nhealth and health planning council shall prescribe standards and\nestablish regulations for children's overnight, summer day and traveling\nsummer day camps, as defined in this article, concerning such matters as\nmay be appropriate for the protection and security of the life, health\nand safety of the occupants of such camps.\n 2. All buses or other motor vehicles which are owned by a traveling\nsummer day camp or which are operated or leased by such camp for the\npurpose of transporting children attending such camp shall meet the\nrequirements for safe operation of such vehicles as provided for in\nsection one hundred forty of the transportation law.\n 3. Notwithstanding the provisions of Title VIII of the education law,\nany person, firm, corporation, or association that operates a children's\novernight, summer day, or traveling summer day camp, and has obtained a\npermit pursuant to section thirteen hundred ninety-three of this\narticle, shall be authorized to employ or contract with a physician,\nnurse practitioner, physician assistant, registered nurse, or licensed\npractical nurse or emergency medical technician to act as a designated\ncamp health director or to provide health services in assistance to the\ncamp health director for the sole purpose of providing health services\nthat benefit campers and staff at the camp while the camp is in\noperation. In cases where the camp health director's lawful scope of\npractice is more limited than that of the licensed professional\nproviding services, the camp health director shall not supervise the\nprovision of such treatment, but shall be informed of such treatment as\nmedically necessary to ensure the well-being of the camper and staff. In\ncases where an emergency medical technician is the camp health director,\nthe emergency medical technician shall not supervise the provision of\ntreatment by the licensed professional providing services, but shall be\ninformed of such treatment as medically necessary to ensure the\nwell-being of the camper and staff.\n 4. Each children's overnight camp, summer day camp and travelling\nsummer day camp shall allow children attending such camp to carry and\nuse topical sunscreen products approved by the federal Food and Drug\nAdministration for over-the-counter use for the purpose of avoiding\noverexposure to the sun and not for medical treatment of an injury or\nillness, with the written permission of the parent or guardian of the\nchild. A record of such permission shall be maintained by the camp. A\nchild who is unable to physically apply sunscreen may be assisted by\nunlicensed personnel when directed to do so by the child, if permitted\nby a parent or guardian and authorized by the camp.\n 5. Each children's overnight camp, summer day camp and traveling\nsummer day camp shall allow children attending such camp to carry and\nuse insect repellent with the written permission of a parent or guardian\nof any child. A record of such permission shall be maintained by the\ncamp. A child who is unable to physically apply insect repellent may be\nassisted by unlicensed personnel when directed to do so by the child, if\npermitted by a parent or guardian and authorized by the camp.\n 6. Notwithstanding the provisions of Title VIII of the education law,\nany person, firm, corporation, or association that operates a children's\novernight, summer day, or traveling summer day camp, and has obtained a\npermit pursuant to section thirteen hundred ninety-three of this\narticle, shall be authorized to employ or contract with individuals\nlicensed under articles one hundred fifty-three, one hundred fifty-four,\none hundred sixty-three and one hundred sixty-seven of the education law\nto provide mental health services for any period during which the camp\nhas a valid permit to operate and for the sole purpose of providing\nhealth services that benefit campers and staff at the camp while the\ncamp is in operation. Individuals hired under this section shall\ncommunicate with the camp health director when medically necessary.\n 7. All decisions, identification or coordination of professional\nservices, or other professional interactions with campers and staff,\nmust be made based on the professional judgment of such licensees to\nprovide professional services within his or her lawful scope of practice\nfor the purpose of treating campers and staff during their attendance or\nemployment at such camp, pursuant to applicable regulations promulgated\nby the commissioner in consultation with the commissioner of education.\n 8. Nothing in this section shall be construed to limit the authority\nof another state agency if such state agency is otherwise authorized\nunder another provision of law to certify, license, contract or\nauthorize such camp, nor shall the authority to hire individuals\nlicensed pursuant to this section be construed to provide an exemption\nof such camp from any certification, licensure, or any other such\nrequirement established by such state agency or under any other\nprovision of law.\n 9. A camp that employs or contracts with an individual licensed under\narticles one hundred fifty-three, one hundred fifty-four, one hundred\nsixty-three and one hundred sixty-seven of the education law under this\nsection shall list such individuals in their general consent form.\n