Bill Text: NY S08765 | 2023-2024 | General Assembly | Amended

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Bill Title: Directs the office of mental health to establish programs for the training and development of persons capable of providing coaching and support to individuals under treatment plans developed by licensed mental health practitioners, including but not limited to a process of issuing, either directly or through contract, credentials for qualified mental health associates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-05 - referred to ways and means [S08765 Detail]

Download: New_York-2023-S08765-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8765--A

                    IN SENATE

                                      March 8, 2024
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the mental hygiene law, in relation to qualified  mental
          health associates

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 7.07 of the mental hygiene law is amended by adding
     2  a new subdivision (i) to read as follows:
     3    (i) The office either directly  or  through  contract,  shall  develop
     4  training,  approved  educational  courses,  and  a  process  for issuing
     5  credentials to persons meeting the minimum qualifications for  a  quali-
     6  fied mental health associate.
     7    (1)  A  credentialed  qualified  mental health associate must meet the
     8  following minimum qualifications:
     9    (i) A high school diploma;
    10    (ii)(A) An Associate or Bachelor's degree  in  a  behavioral  sciences
    11  field; or
    12    (B)  A  combination  of at least three years relevant work, education,
    13  training or experience; and
    14    (iii) Demonstrate the competency necessary to:
    15    (A) promote recovery and communicate effectively to service recipients
    16  and professionals;
    17    (B) understand mental health assessment, treatment and service  termi-
    18  nology;
    19    (C) provide psychosocial skills development;
    20    (D)  implement  interventions included in an individual treatment plan
    21  of care;
    22    (E) provide behavior management and case management duties; and
    23    (F) provide support services related to crisis stabilization,  medica-
    24  tion management and health monitoring.
    25    (2)  The  office  shall  establish procedures for the establishment of
    26  appropriate fees, and to issue penalties, or suspend, revoke,  or  annul

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13776-06-4
        S. 8765--A                          2

     1  such credentials for cause any misconduct, other prohibited acts, or for
     2  the unauthorized use of the title qualified mental health associate. The
     3  commissioner shall also develop procedures for remedial action which may
     4  be used at the discretion of the commissioner.
     5    (3) The commissioner shall establish a credentialing board which shall
     6  provide  advice concerning the credentialing process under this subdivi-
     7  sion.   The commissioner appointments shall  be  representative  of  the
     8  diverse mental health field, including but not limited to:
     9    (i)  consumers of mental health services or persons with lived experi-
    10  ence;
    11    (ii) individuals  who  represent  underserved  populations,  including
    12  urban and rural areas of the state; and
    13    (iii) other credentialed and licensed mental health professionals.
    14    (4)  The  commissioner  shall promulgate rules and regulations for the
    15  purpose of effectuating the provisions under this subdivision.
    16    (5) Nothing in this section shall be interpreted to allow a  qualified
    17  mental health associate to act in a manner that would require a license,
    18  registration,  or certification pursuant to title eight of the education
    19  law.
    20    § 2. Section 7.03 of the mental hygiene law is amended by adding a new
    21  subdivision 3 to read as follows:
    22    3. "Qualified mental health associate" or  "QMHA"  means  an  official
    23  designation  identifying an individual as one who holds a registered and
    24  valid credential issued by the office pursuant to section 7.07  of  this
    25  article  which  documents  an  individual's  minimum  qualifications  to
    26  provide services and supports to  individuals  with  a  mental  illness.
    27  Nothing  in  this  subdivision shall be interpreted to allow a qualified
    28  mental health associate to act in a manner that would require a license,
    29  registration, or certification pursuant to title eight of the  education
    30  law.
    31    § 3. This act shall take effect immediately.