Bill Text: NY A08103 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A08103 Detail]

Download: New_York-2023-A08103-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8103

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        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 his or her advice given thereon, in the course of his or her  profes-
     8  sional  employment,  nor  shall  any clerk, stenographer or other person
     9  working for the same employer as such licensed mental  health  counselor
    10  or  for such licensed mental health counselor be allowed to disclose any
    11  such communication or advice given thereon; except
    12    1. that such licensed mental health counselor may disclose such infor-
    13  mation as the client may authorize;
    14    2. that such licensed mental health counselor shall not be required to
    15  treat as confidential a communication by  a  client  which  reveals  the
    16  contemplation of a crime or harmful act;
    17    3. where the client is a child under the age of sixteen and the infor-
    18  mation  acquired by such licensed mental health counselor indicates that
    19  the client has been the victim or  subject  of  a  crime,  the  licensed
    20  mental  health  counselor  may  be required to testify fully in relation
    21  thereto upon any examination, trial or other  proceeding  in  which  the
    22  commission of such crime is a subject of inquiry;
    23    4.  where  the client waives the privilege by bringing charges against
    24  such licensed mental health counselor and such charges involve confiden-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13376-01-3
        A. 8103                             2

     1  tial communications between the client and the  licensed  mental  health
     2  counselor.
     3    (b)  Limitations on waiver. A client who, for the purpose of obtaining
     4  insurance benefits, authorizes the disclosure  of  any  such  privileged
     5  communication to any person shall not be deemed to have waived the priv-
     6  ilege created by this section. For purposes of this subdivision:
     7    1.  "person" shall mean any individual, insurer or agent thereof, peer
     8  review committee, public or private corporation, political  subdivision,
     9  government  agency,  department  or  bureau  of the state, municipality,
    10  industry, co-partnership, association, firm, trust, estate or any  other
    11  legal entity whatsoever; and
    12    2.  "insurance  benefits"  shall include payments under a self-insured
    13  plan.
    14    § 2. This act shall take effect immediately.