NY State Senate Bill 2011-S1720

Senate Bill S1720

2011-2012 Legislative Session

Provides that complaints brought against mental health professionals shall be commenced within ten years of the date of the last treatment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to higher education
Jun 24, 2011	committed to rules
May 02, 2011	advanced to third reading
Apr 13, 2011	2nd report cal.
Apr 12, 2011	1st report cal.379
Jan 11, 2011	referred to higher education

Votes

- Apr 12, 2011 - Higher Education Committee Vote
  S1720
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Apr 12, 2011
      
      aye (17)
      
      Alesi
      
      Carlucci
      
      Flanagan
      
      Griffo
      
      Grisanti
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Maziarz
      
      Parker
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serrano
      
      Seward
      
      Stavisky
      
      Zeldin
      
      excused (1)
      
      Oppenheimer

2011-S1720 (ACTIVE) - Details

See Assembly Version of this Bill:: A1734
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6509, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1767, A4800
2013-2014: S3700, A4795
2015-2016: S4671, A3883
2017-2018: S2624, A1828

2011-S1720 (ACTIVE) - Summary

Provides that complaints brought against mental health professionals shall be commenced within ten years of the date of the last treatment of the complainant.

2011-S1720 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1720

TITLE OF BILL:
An act
to amend the education law, in relation to the statute of limitations
for professional misconduct for mental health professionals

PURPOSE:
This legislation amends the education law to provide a statute of
limitations of ten years for all complaints of professional
misconduct against mental health professionals licensed under
articles 153, 154 and 163 of the education law. In cases involving
the treatment of children under the age of twenty-one years old, all
complaints of professional misconduct shall be commenced within ten
years after the complainant reaches the age of majority

JUSTIFICATION:
Mental health professionals licensed under Title VIII of the education
law are required to keep all patient records for at least six years.
For non-adult or minor patients, records must be kept until one year
after the age of 21 years (NYCRR EDN §29.2 (3)). A failure to comply
with record keeping requirements constitutes unprofessional conduct
by mental health professionals and can result in a formal
professional misconduct charge.

Currently, there is no statute of limitations for professional

misconduct for these professionals. In light of this fact, mental
health professionals must keep patient records in perpetuity to
protect themselves from any charges of professional misconduct from
former patients that may be brought against them decades after
treatment. This is extremely onerous and burdensome on these
individuals who provide an invaluable service to society by treating
countless patients with mental health illness so that they may remain
productive members of society.

This legislation would appropriately establish a statute of
limitations for mental health professionals that exceeds current
patient record keeping requirements by an additional four years and
thereby eliminate the need for these individuals to maintain patient
records indefinitely.

LEGISLATIVE HISTORY:
2009-10: S.1767
2007-08: S.4155
2006:    S.7396-A

FISCAL IMPLICATIONS:
None to the State

EFFECTIVE DATE:
Immediately.

2011-S1720 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1720                                                  A. 1734

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 11, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN  ASSEMBLY -- Introduced by M. of A. MORELLE -- read once and referred
  to the Committee on Higher Education

AN ACT to amend the education law, in relation to the statute of limita-
  tions for professional misconduct for mental health professionals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6509 of the education law is amended by adding a
new subdivision 15 to read as follows:
  (15) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  ALL  COMPLAINTS  OF
PROFESSIONAL  MISCONDUCT  BROUGHT  AGAINST  A MENTAL HEALTH PROFESSIONAL
LICENSED PURSUANT  TO  ARTICLE  ONE  HUNDRED  FIFTY-THREE,  ONE  HUNDRED
FIFTY-FOUR  OR  ONE HUNDRED SIXTY-THREE OF THIS TITLE SHALL BE COMMENCED
WITHIN TEN YEARS OF THE DATE OF THE LAST TREATMENT OF  THE  COMPLAINANT.
IN CASES INVOLVING THE TREATMENT OF CHILDREN UNDER THE AGE OF TWENTY-ONE
YEARS,  ALL  COMPLAINTS  OF  PROFESSIONAL  MISCONDUCT SHALL BE COMMENCED
WITHIN TEN YEARS AFTER THE COMPLAINANT REACHES  THE  AGE  OF  TWENTY-ONE
YEARS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05236-01-1

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