NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A509
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to authorizing camp operators and employees to administer medications
and treatment to children under certain circumstances
PURPOSE OR GENERAL IDEA OF BILL:
authorize camp operators and employees to administer medications and
treatment to children when acting under the direction and authority of
the parent, legal guardian, legal custodian or entrusted adult author-
ized to consent
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new subdivision 10 to Section 1394 of the public
health law to authorize the operator or employee of children's overnight
camp, summer day camp or traveling summer day camp to administer certain
medica- tions or treatment pursuant to section 6908 of the education law
and in accordance with rules and regulations promulgated by the Depart-
ment of Health.
Section 2 adds new subparagraph (vi) to paragraph (a) of subdivision 1
of section 6908 of the education law to authorize the operators or
employees of children's overnight camps, summer day camp and traveling
summer day camp to administer medications or treatment where such opera-
tor or employees are acting under the direction and authority of a
parent of a child, legal guardian, legal custodian or entrusted adult
authorized to consent
Section 3 of the bill is the effective date.
JUSTIFICATION:
Currently, the Nurse Practices Act in Education Law prohibits camp staff
who are not licensed to practice nursing in New York State from adminis-
tering medications including "as needed' medications such as Tylenol for
pain and topicals for bug bites or poison ivy. Children away from
parent/guardians for extended periods of time frequently require such
medications. This legislation creates an alternative way for children's
camps regulated by the Department of Health to administer medications
when the damp does not employ a Nurse or Physician licensed to practice
in New York State. This legislation is similar to Chapter 160 of the
Laws of 2003 which authorizes the operators or employees of a licensed
day care to administer medications when authorized by parent or legal
guardian of a child, provided the day care complies with regulations
promulgated by the Office of Children and Family Services.
PRIOR LEGISLATIVE HISTORY:
A7618 of 2023 and 2024, referred to health/ Same as S8641 of 2023 and
2024, referred to health
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
509
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PAULIN, R. CARROLL -- read once and referred to
the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to authorizing camp operators and employees to administer medications
and treatment to children under certain circumstances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1394 of the public health law is amended by adding
2 a new subdivision 10 to read as follows:
3 10. Each children's overnight, summer day, or traveling summer day
4 camp, may authorize the operator or employees of such camp to administer
5 over-the-counter medications or prescription medications for the treat-
6 ment of emergency conditions as determined by the commissioner including
7 but not limited to asthma, anaphylaxis, and seizure medication pursuant
8 to section sixty-nine hundred eight of the education law and in accord-
9 ance with the rules and regulations promulgated by the commissioner.
10 § 2. Paragraph (a) of subdivision 1 of section 6908 of the education
11 law is amended by adding a new subparagraph (vi) to read as follows:
12 (vi) the administration of medications or treatment by operators or
13 employees of children's overnight camp, summer day camp and traveling
14 summer day camp where such operators or employees are acting under the
15 direction and authority of a parent of a child, legal guardian, legal
16 custodian, or an adult in whose care a child has been entrusted and who
17 has been authorized by the parent to consent to any health care for the
18 child and in compliance with regulations promulgated by the department
19 of health pertaining to the administration of medications and treatment;
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00934-01-5
