Bill

Bill > A03906


NY A03906

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.


summary

Introduced
01/30/2025
In Committee
01/30/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to extending confidentiality privileges to certain communications to or from a licensed mental health counselor

AI Summary

This bill extends confidentiality privileges to licensed mental health counselors and their employees, establishing clear guidelines about when communication between a counselor and client can remain private. Under the proposed law, mental health counselors cannot be required to disclose communications with clients or advice given during professional work, with several specific exceptions. These exceptions include: when a client authorizes disclosure, when a communication reveals plans for a crime or harmful act, when a client under 16 has been the victim of a crime (allowing potential testimony), and when a client brings charges against the counselor involving confidential communications. The bill also clarifies that seeking insurance benefits does not automatically waive confidentiality, broadly defining "person" and "insurance benefits" to provide comprehensive protection. This legislation aims to protect the sensitive nature of mental health counseling while maintaining critical safety provisions that allow disclosure in potentially dangerous situations, thereby balancing client privacy with public safety concerns.

Committee Categories

Justice

Sponsors (1)

Last Action

referred to judiciary (on 01/30/2025)

bill text


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