Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of such licensed mental health counselor's professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3906
SPONSOR: Bronson 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
(§ 4S08-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 work-
er" 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:
A8109 of 2023-24: referred to Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately;
STATE OF NEW YORK
________________________________________________________________________
3906
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 4508-a to read as follows:
3 § 4508-a. Licensed mental health counselor. (a) Confidential informa-
4 tion privileged. A person licensed as a licensed mental health counselor
5 under the provisions of article one hundred sixty-three of the education
6 law shall not be required to disclose a communication made by a client,
7 or such licensed mental health counselor's advice given thereon, in the
8 course of such licensed mental health counselor's professional employ-
9 ment, nor shall any clerk, stenographer or other person working for the
10 same employer as such licensed mental health counselor or for such
11 licensed mental health counselor be allowed to disclose any such commu-
12 nication or advice given thereon; except
13 1. that such licensed mental health counselor may disclose such infor-
14 mation as the client may authorize;
15 2. that such licensed mental health counselor shall not be required to
16 treat as confidential a communication by a client which reveals the
17 contemplation of a crime or harmful act;
18 3. where the client is a child under the age of sixteen and the infor-
19 mation acquired by such licensed mental health counselor indicates that
20 the client has been the victim or subject of a crime, the licensed
21 mental health counselor may be required to testify fully in relation
22 thereto upon any examination, trial or other proceeding in which the
23 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
1 4. where the client waives the privilege by bringing charges against
2 such licensed mental health counselor and such charges involve confiden-
3 tial communications between the client and the licensed mental health
4 counselor.
5 (b) Limitations on waiver. A client who, for the purpose of obtaining
6 insurance benefits, authorizes the disclosure of any such privileged
7 communication to any person shall not be deemed to have waived the priv-
8 ilege created by this section. For purposes of this subdivision:
9 1. "person" shall mean any individual, insurer or agent thereof, peer
10 review committee, public or private corporation, political subdivision,
11 government agency, department or bureau of the state, municipality,
12 industry, co-partnership, association, firm, trust, estate or any other
13 legal entity whatsoever; and
14 2. "insurance benefits" shall include payments under a self-insured
15 plan.
16 § 2. This act shall take effect immediately.
