New York 2025-2026 Regular Session

New York Senate Bill S01725

Introduced
1/13/25  
Refer
1/13/25  

Caption

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

Bill S01725 seeks to amend the civil practice law and rules in New York by extending confidentiality privileges to communications made between clients and licensed mental health counselors. This legislation ensures that licensed mental health counselors cannot be compelled to disclose client communications or advice given during their professional employment, with specific exceptions. These exceptions include situations where the client authorizes disclosure, where the communication involves contemplation of a crime or harmful act, or where the client is a minor and has been a victim of a crime.

Impact

The passage of this bill would enhance the confidentiality protections for clients of licensed mental health counselors in New York, aligning the state's laws with the confidentiality standards typically afforded to other mental health professionals. It would also clarify the conditions under which confidentiality can be waived, specifically in relation to insurance benefits, thereby potentially affecting how mental health services are accessed and utilized by clients seeking insurance reimbursement.

Sentiment

The general sentiment surrounding Bill S01725 appears to be supportive, as it aims to strengthen client confidentiality in mental health counseling, which is a critical component of effective therapy. However, there may be concerns regarding the exceptions to confidentiality, particularly in cases involving minors and criminal activity, which could lead to debates about the balance between client privacy and public safety.

Contention

Notable points of contention may arise regarding the exceptions to the confidentiality privilege, particularly the provisions that allow disclosure in cases involving minors or the contemplation of crimes. Advocates for mental health privacy may argue that these exceptions could discourage clients from being open with their counselors, while proponents of the exceptions may emphasize the need for safeguarding vulnerable populations and addressing criminal behavior.

Companion Bills

NY A03906

Same As 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.

Previously Filed As

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.

NY H4696

Establishing a board of registration of licensed mental health counselors

NY S1382

Establishing a board of registration of licensed mental health counselors

NY SB6232

Creating the Washington state board of licensed mental health counselors.

NY SB2620

School districts; require to employ licensed mental health counselors and support staff.

NY H680

Relative to mental health counselors in schools

NY HB4591

Health occupations: counselors; professional counselors licensure compact; provide for. Amends sec. 18101 of 1978 PA 368 (MCL 333.18101) & adds secs. 16190a & 18105a.

NY HB3888

Mental health; repealer; behavioral health certification or license applicants and renewals, required information; definition; Licensed Alcohol and Drug Counselors Act; Oklahoma Board of Licensed Alcohol and Drug Counselors with the Oklahoma Department of Mental Health and Substance Abuse Services; Licensed Professional Counselors Act; State Board of Behavioral Health Licensure with the Oklahoma Department of Mental Health and Substance Abuse Services; Marital and Family Therapist Licensure Act; Licensed Behavioral Practitioner Act; authority of first responders to administer emergency opiate antagonists; statutory references; repealers; effective date.

NY HB4981

Health occupations: counselors; reference to limited licensed counselor; modify to limited licensed professional counselor. Amends secs. 16281, 16905, 18101, 18105, 18106, 18111, 18114 & 18117 of 1978 PA 368 (MCL 333.16281 et seq.).

NY HB4010

genetic counselors; board; licensure

Similar Bills

TN SB2399

AN ACT to amend Tennessee Code Annotated, Title 8; Title 33; Title 36; Title 49; Title 52; Title 56; Title 63 and Title 68, relative to professional counselors.

TN HB1917

AN ACT to amend Tennessee Code Annotated, Title 8; Title 33; Title 36; Title 49; Title 52; Title 56; Title 63 and Title 68, relative to professional counselors.

MS HB286

Elementary professional school counselors; allocate funds under Mississippi Student Funding Formula for.

MS HB172

Elementary professional school counselors; allocate funds under the Mississippi Student Funding Formula for.

HI HB876

Relating To Healthcare Preceptors.

HI HB876

Relating To Healthcare Preceptors.

TX HB1503

Relating to the licensing and regulation of genetic counselors; requiring an occupational license; authorizing a fee.

TX HB1122

Relating to the employment of certified school counselors by school districts.