Int. No. 1053
By Council Members Mitchell, Brewer, Comrie, Gennaro, Gentile, Liu, Palma, Reyna, Weprin, Gerson, Avella, Ferreras and Barron
A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of health and mental hygiene to provide school nurses to afterschool programs in public and private primary schools and summer camps.
Be it enacted by the Council as follows:
Section 1. Paragraphs one and two of subdivision a section 17-187 of chapter 1 of title 17 of the administrative code of the city of New York, as added by local law number 57 for the year 2004, are renumbered as paragraphs two and three, respectively, and new paragraphs one and four are added to read as follows:
(1) “Afterschool program” means a recreational, educational or cultural program operating on property of a public or private primary school providing instruction or care for ten or more enrolled children on a periodic or recurrent basis for less than 24 hours a day during weekday hours after regularly scheduled classes have ended for the day. Such term shall include, but not be limited to, programs that are operated by city agencies, community organizations, public or private organizations, firms, groups and associations.
(4) “Summer camp program” means a program on a property owned, leased, operated or funded by the city of New York consisting of a tract of land, and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied by ten or more children under the age of thirteen under general supervision on a scheduled basis at any time between May 15 and September 15, primarily for the purpose of organized group activities.
§ 2. Subdivisions d, e and f of section 17-187 of chapter 1 of title 17 of the administrative code of the city of New York, as added by local law number 57 for the year 2004, are relettered as subdivisions f, g and h, respectively, and new subdivisions d and e are added to read as follows:
d. Afterschool Programs. The department shall provide at least one nurse at an afterschool program in a public or private primary school which i) had at least two hundred students enrolled on the last day of the second month of the preceding school year in the public or private primary school in which the afterschool program is located; ii) submits a written request to the department that such nurse be provided for the afterschool program; and iii) maintains, pursuant to any rules promulgated by the commissioner, an appropriate medical room wherein such nurse can carry out his or her nursing duties.
e. Summer Camp Programs. The department shall provide at least one nurse at a summer camp program which i) submits a written request to the department that such nurse be provided for the summer camp program and ii) maintains, pursuant to any rules promulgated by the commissioner, an appropriate medical room wherein such nurse can carry out his or her nursing duties.
§ 3. This local law shall take effect ninety days after its enactment into law, provided that the commissioner may promulgate any rules necessary for implementing and carrying out the provisions of this local law prior to its effective date.
AMS/FG
LS # 7459/7460
07/24/09