Provides for definitions of mental health and family and youth peer advocates and requires the office of mental health to establish peer service qualification programs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7395
SPONSOR: Darling
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to providing defi-
nitions of mental health and family and youth peer and requires the
office of mental health to establish peer service qualification programs
 
PURPOSE OF THE BILL:
This bill would amend Section 1.03 of the mental Hygiene Law (MHL) to
add new definitions of Adult Mental Health Peer, Family Mental Health
Peer and Youth Mental Health Peer, as well as definitions of Certified
Mental Health Peer, Credentialed Family Peer and Credentialed Youth
Peer. The legislation would also amend Section 7.07 of the MHL to allow
credentialing/certification programs to be approved by the Commissioner.
 
SUMMARY OF PROVISIONS:
Section one would add definitions of Mental Health Peer, Family Peer
Advocate, Youth Peer Advocate, New York State Certified Peer Specialist,
Credentialed Family Peer Advocate and Credentialed Youth Peer Advocate
to MHL Section 1.03.
Section two would add a section to MHL 7.07 to allow the Commissioner to
approve a peer credentialing/certification programs.
Section three provides for an effective date of 180 days after becoming
a law
 
JUSTIFICATION:
Mental health peers have been working in the New York State mental
health system for decades and play an essential role in the support and
care of individuals with serious mental illness. Peers have proven to
be highly effective in engaging individuals in Mental Health treatment.
Peer support is the most frequently sought service in the Home and
Community Based Services (HCBS) program. This bill seeks to create a
clear and succinct definition of Peers as the Office of Mental Health
seeks to expand Peer Services. This bill also clarifies the OMH Commis-
sioner's authority to recognize programs to certify and credential
Peers. OMH needs this statutory framework as a foundation for the role
of Peers in every aspect of mental health services. Given the current
mental health crisis due to the COVID-19 pandemic, peer services are
essential to meet the increased demand for services and supports.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
180 days after becoming a law
STATE OF NEW YORK
________________________________________________________________________
7395
2023-2024 Regular Sessions
IN ASSEMBLY
May 19, 2023
___________
Introduced by M. of A. DARLING -- (at request of the Office of Mental
Health) -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to providing defi-
nitions of mental health and family and youth peer and requires the
office of mental health to establish peer service qualification
programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7.03 of the mental hygiene law is amended by adding
2 six new subdivisions 3, 4, 5, 6, 7 and 8 to read as follows:
3 3. "Mental health peer" or "MHP" means an individual with lived-exper-
4 ience who is actively in recovery from a mental health condition and has
5 self-disclosed their mental health journey.
6 4. "Family peer advocate" or "FPA" means an individual with lived-ex-
7 perience as the biological, foster, or adoptive parent or primary care-
8 giver of a child or youth with a social, emotional, behavioral, mental
9 health, or developmental disability.
10 5. "Youth peer advocate" or "YPA" means an individual who self-identi-
11 fies as a person with first-hand experience with mental health and/or
12 co-occurring behavioral challenges as a young person or has received
13 services in any one of the child-serving systems or programs pursuant to
14 this chapter.
15 6. "New York state certified peer specialist" or "NYCPS" means a
16 mental health peer who has specialized training and holds a credential
17 from a certifying authority recognized by the commissioner.
18 7. "Credentialed family peer advocate" or "CFPA" means an individual
19 verified to have met the criteria for a family peer advocate as defined
20 in subdivision four of this section and who holds a credential from a
21 certifying authority recognized by the commissioner.
22 8. "Credentialed youth peer advocate" or "CYPA" means an individual
23 verified to have met the criteria for a youth peer advocate as defined
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07364-01-3
A. 7395 2
1 in subdivision five of this section and who holds a credential from a
2 certifying authority recognized by the commissioner.
3 § 2. Subdivision (d) of section 7.07 of the mental hygiene law, as
4 added by chapter 978 of the laws of 1977, is amended to read as follows:
5 (d) The office of mental health shall foster programs for the training
6 and development of persons capable of providing the foregoing services,
7 and for the qualification of persons capable of providing peer services
8 as defined in subdivisions three, four, five, six, seven, and eight of
9 section 7.03 of this article and in accordance with criteria established
10 by the commissioner.
11 § 3. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law.