NY State Senate Bill 2023-S9565

Senate Bill S9565

2023-2024 Legislative Session

Extends confidentiality privileges to certain communications to or from a licensed mental health counselor

download bill text pdf

Current Bill Status - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to judiciary

2023-S9565 (ACTIVE) - Details

See Assembly Version of this Bill:: A8103
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §4508-a, CPLR

2023-S9565 (ACTIVE) - Summary

Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of his or her professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.

2023-S9565 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9565

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to extend-
ing confidentiality privileges to certain communications to or from a
licensed mental health counselor

 
PURPOSE:

The purpose of the legislation is to include licensed mental health
counselors among the professions for which confidential communication is
provided.

 
SUMMARY OF PROVISIONS:

Amends article forty-five (45) of the civil practice law and rule by
adding a new section four thousand five hundred and eight - a (§
4508-a). This new section extends the confidentiality provisions
provided for licensed psychologists (§ 4507) and licensed master social
workers and licensed clinical social workers (§ 4508) to licensed mental

health counselors.

 
JUSTIFICATION:

In 1968, the state recognized the need to protect the confidential
communication beyond that of a medical professional. Expanding privilege
to psychologists and social workers acknowledges that "Effective
psychotherapy...depends upon an atmosphere of confidence and trust in
which the patient is willing to make a frank and complete disclosure of
facts, emotions, memories, and fears." Jaffee

v. Redmond, 1996, 518 U.S. 1, 10, 116 S.Ct. 1923,1928, 135 Led.2d 337.
The original law was amended in 2004 from "certified social worker" to
"licensed masters social worker" and "licensed clinical social worker"
in recognition of the protected scope of practice.

Licensed mental health counselors have a protected scope that includes
psychotherapy and mental health counseling. Clients/patients seeking
mental health services should know that their communications are consid-
ered confidential in the same manner provided for with psychologists and
social workers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9565 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9565
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to extend-
   ing confidentiality privileges to certain communications to or from  a
   licensed mental health counselor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4508-a to read as follows:
   § 4508-A. LICENSED MENTAL HEALTH COUNSELOR. (A) CONFIDENTIAL  INFORMA-
 TION PRIVILEGED. A PERSON LICENSED AS A LICENSED MENTAL HEALTH COUNSELOR
 UNDER THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION
 LAW  SHALL NOT BE REQUIRED TO DISCLOSE A COMMUNICATION MADE BY A CLIENT,
 OR HIS OR HER ADVICE GIVEN THEREON, IN THE COURSE OF HIS OR HER  PROFES-
 SIONAL  EMPLOYMENT,  NOR  SHALL  ANY CLERK, STENOGRAPHER OR OTHER PERSON
 WORKING FOR THE SAME EMPLOYER AS SUCH LICENSED MENTAL  HEALTH  COUNSELOR
 OR  FOR SUCH LICENSED MENTAL HEALTH COUNSELOR BE ALLOWED TO DISCLOSE ANY
 SUCH COMMUNICATION OR ADVICE GIVEN THEREON; EXCEPT
   1. THAT SUCH LICENSED MENTAL HEALTH COUNSELOR MAY DISCLOSE SUCH INFOR-
 MATION AS THE CLIENT MAY AUTHORIZE;
   2. THAT SUCH LICENSED MENTAL HEALTH COUNSELOR SHALL NOT BE REQUIRED TO
 TREAT AS CONFIDENTIAL A COMMUNICATION BY  A  CLIENT  WHICH  REVEALS  THE
 CONTEMPLATION OF A CRIME OR HARMFUL ACT;
   3. WHERE THE CLIENT IS A CHILD UNDER THE AGE OF SIXTEEN AND THE INFOR-
 MATION  ACQUIRED BY SUCH LICENSED MENTAL HEALTH COUNSELOR INDICATES THAT
 THE CLIENT HAS BEEN THE VICTIM OR  SUBJECT  OF  A  CRIME,  THE  LICENSED
 MENTAL  HEALTH  COUNSELOR  MAY  BE REQUIRED TO TESTIFY FULLY IN RELATION
 THERETO UPON ANY EXAMINATION, TRIAL OR OTHER  PROCEEDING  IN  WHICH  THE
 COMMISSION OF SUCH CRIME IS A SUBJECT OF INQUIRY;
   4.  WHERE  THE CLIENT WAIVES THE PRIVILEGE BY BRINGING CHARGES AGAINST
 SUCH LICENSED MENTAL HEALTH COUNSELOR AND SUCH CHARGES INVOLVE CONFIDEN-
 TIAL COMMUNICATIONS BETWEEN THE CLIENT AND THE  LICENSED  MENTAL  HEALTH
 COUNSELOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13376-01-3

 S. 9565                             2
 
   (B)  LIMITATIONS ON WAIVER. A CLIENT WHO, FOR THE PURPOSE OF OBTAINING
 INSURANCE BENEFITS, AUTHORIZES THE DISCLOSURE  OF  ANY  SUCH  PRIVILEGED
 COMMUNICATION TO ANY PERSON SHALL NOT BE DEEMED TO HAVE WAIVED THE PRIV-
 ILEGE CREATED BY THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION:
   1.  "PERSON" SHALL MEAN ANY INDIVIDUAL, INSURER OR AGENT THEREOF, PEER
 REVIEW COMMITTEE, PUBLIC OR PRIVATE CORPORATION, POLITICAL  SUBDIVISION,
 GOVERNMENT  AGENCY,  DEPARTMENT  OR  BUREAU  OF THE STATE, MUNICIPALITY,
 INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE OR ANY  OTHER
 LEGAL ENTITY WHATSOEVER; AND
   2.  "INSURANCE  BENEFITS"  SHALL INCLUDE PAYMENTS UNDER A SELF-INSURED
 PLAN.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.