S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3906
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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 SUCH LICENSED MENTAL HEALTH COUNSELOR'S ADVICE GIVEN THEREON, IN  THE
 COURSE  OF  SUCH LICENSED MENTAL HEALTH COUNSELOR'S PROFESSIONAL EMPLOY-
 MENT, 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  COMMU-
 NICATION 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00439-01-5
 A. 3906                             2
              

 
   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.
   (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.