New York S 1725: Extends confidentiality privileges to certain communications to or from a licensed mental health counselor

Bill Text

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S01725 Summary:

BILL NOS01725A

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SAME ASSAME AS A03906-A

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SPONSORBROUK

&nbsp

COSPNSR

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MLTSPNSR

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Add §4552, CPLR

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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.

Go to top S01725 Actions:

BILL NOS01725A

&nbsp

01/13/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

05/08/2026AMEND AND RECOMMIT TO JUDICIARY

05/08/2026PRINT NUMBER 1725A

Go to topS01725 Committee&nbspVotes:

Go to topS01725 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01725 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1725--A

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sen. BROUK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary -- recommitted
 to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
 -- committee discharged, bill amended, ordered reprinted as amended
 and recommitted to said committee

 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 4552 to read as follows:
 3 § 4552. Licensed mental health counselor. (a) Confidential information
 4 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 such licensed mental health counselor's advice given thereon, in the
 8 course of such licensed mental health counselor's professional employ-
 9 ment, nor shall any clerk, stenographer or other person working for the
 10 same employer as such licensed mental health counselor or for such
 11 licensed mental health counselor be allowed to disclose any such commu-
 12 nication or advice given thereon; except
 13 1. that such licensed mental health counselor may disclose such infor-
 14 mation as the client may authorize;
 15 2. that such licensed mental health counselor shall not be required to
 16 treat as confidential a communication by a client which reveals the
 17 contemplation of a crime or harmful act;
 18 3. where the client is a child under the age of sixteen and the infor-
 19 mation acquired by such licensed mental health counselor indicates that
 20 the client has been the victim or subject of a crime, the licensed
 21 mental health counselor may be required to testify fully in relation

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00439-03-6

 S. 1725--A 2

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

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