NY State Senate Bill 2023-S8765A

Current Bill Status - In Senate Committee Mental Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2024	print number 8765a
May 10, 2024	amend and recommit to mental health
Mar 08, 2024	referred to mental health

Bill Amendments

Original

A (Active)

2023-S8765 - Details

See Assembly Version of this Bill:: A8464
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.07 & 7.03, Ment Hyg L

2023-S8765 - Summary

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.

2023-S8765 - Sponsor Memo

                                 
BILL NUMBER: S8765

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to qualified mental
health associates

 
PURPOSE:

The Office of Mental Health shall create a new, supervised, entry level
position of Qualified Mental Health Associate.

 
SUMMARY OF PROVISIONS:

Section 1: The office of mental health shall foster programs for the
training and development of persons capable of providing support to
individuals under treatment plans developed by licensed mental health
practitioners. The office shall establish minimum qualifications for
this position including educational and or equivalent on-the-job experi-
ence.

Section 2: The commissioner will establish a credentialing board to
provide advice concerning the credentialing process of the title of
Qualified Mental Health Associate.

Section 3: The title, Qualified Mental Health Associate(QMHA), will
officially designate an individual as one who holds a registered and
valid credential issued by the office of mental health which documents
the individuals qualifications to assist licensed mental health practi-
tioners though coaching and supporting individuals under treatment
plans.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This model is similar to the successful CASAC model in substance abuse
services where through training curriculum combined with hands on expe-
rience, an individual can climb the first step on a career ladder lead-
ing into advancement in the mental health field. A QMHA will be an
Office of Mental Health licensed paraprofessional who supports individ-
uals in implementing a treatment plan developed by a licensed practi-
tioner, only under the supervision of the licensed practitioner. The
position will serve to increase the engagement of community college and
undergraduate students who are considering a career in mental health,
but presently have limited opportunities for hands on experience. The
QMHA title provides this experience while assisting licensed clinicians
now in short supply in many underserved and rural communities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.
 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8765 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8765
 
                             I N  S E N A T E
 
                               March 8, 2024
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 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:

   Section 1. Section 7.07 of the mental hygiene law is amended by adding
 a new subdivision (i) to read as follows:
   (I) THE OFFICE OF MENTAL HEALTH SHALL FOSTER 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 IN ACCORDANCE WITH THE FOLLOWING:
   (1)  THE  OFFICE SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR ASSOCIATES
 IN ALL PHASES OF DELIVERY OF SERVICES TO PERSONS WHO ARE UNDER A  TREAT-
 MENT  PLAN  DEVELOPED BY A PRACTITIONER LICENSED UNDER THE EDUCATION LAW
 THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, COMPLETION OF APPROVED COURS-
 ES OF STUDY OR EQUIVALENT ON-THE-JOB EXPERIENCE  IN  ASSISTING  LICENSED
 MENTAL  HEALTH PRACTITIONERS THROUGH COACHING AND SUPPORTING INDIVIDUALS
 UNDER TREATMENT PLANS. SUCH APPROVED  COURSES  OF  STUDY  OR  EQUIVALENT
 ON-THE-JOB   EXPERIENCE   SHALL   INCLUDE:   PROVIDING  TRAUMA-INFORMED,
 PATIENT-CENTERED CARE; REFERRING INDIVIDUALS TO  APPROPRIATE  TREATMENTS
 FOR CO-OCCURRING DISORDERS; AND SENSITIVITY TRAINING. SUCH COURSES SHALL
 BE  UPDATED  AS  NEEDED  TO  REFLECT  EVOLVING  BEST  PRACTICES  IN HARM
 REDUCTION, TREATMENT AND LONG-TERM RECOVERY. FOR THE  PURPOSES  OF  THIS
 PARAGRAPH,  SENSITIVITY  TRAINING SHALL MEAN A FORM OF TRAINING WITH THE
 GOAL OF MAKING PEOPLE MORE AWARE OF THEIR OWN PREJUDICES AND MORE SENSI-
 TIVE TO OTHERS.
   (I) THE OFFICE SHALL ESTABLISH PROCEDURES  FOR  ISSUING,  DIRECTLY  OR
 THROUGH  CONTRACT, CREDENTIALS TO ASSOCIATES WHO MEET MINIMUM QUALIFICA-
 TIONS, INCLUDING  THE  ESTABLISHMENT  OF  APPROPRIATE  FEES,  AND  SHALL
 FURTHER  ESTABLISH  PROCEDURES TO SUSPEND, REVOKE, OR ANNUL SUCH CREDEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13776-01-3

 S. 8765                             2
 
 TIALS FOR GOOD CAUSE.  SUCH  PROCEDURES  SHALL  BE  PROMULGATED  BY  THE
 COMMISSIONER BY RULE OR REGULATION.
   (II)  THE  COMMISSIONER  SHALL  ESTABLISH  A CREDENTIALING BOARD WHICH
 SHALL PROVIDE ADVICE CONCERNING THE CREDENTIALING PROCESS.
   (2) THE ESTABLISHMENT OF MINIMUM QUALIFICATIONS FOR ASSOCIATES IN  ALL
 PHASES  OF  DELIVERY OF SERVICES TO THOSE WHO ARE UNDER A TREATMENT PLAN
 DEVELOPED BY A PRACTITIONER LICENSED UNDER THE EDUCATION LAW THAT  SHALL
 INCLUDE,  BUT NOT BE LIMITED TO, COMPLETION OF APPROVED COURSES OF STUDY
 OR EQUIVALENT ON-THE-JOB EXPERIENCE IN ASSISTING LICENSED MENTAL  HEALTH
 PRACTITIONERS  THROUGH  COACHING AND SUPPORTING INDIVIDUALS UNDER TREAT-
 MENT PLANS, AND ISSUE CREDENTIALS TO ASSOCIATES WHO MEET MINIMUM  QUALI-
 FICATIONS  AND SUSPEND, REVOKE, OR ANNUL SUCH CREDENTIALS FOR GOOD CAUSE
 IN ACCORDANCE WITH PROCEDURES PROMULGATED BY THE COMMISSIONER BY RULE OR
 REGULATION.
   (3) FOR THE PURPOSE OF THIS TITLE, THE TERM "QUALIFIED  MENTAL  HEALTH
 ASSOCIATE"  OR "QMHA" MEANS AN OFFICIAL DESIGNATION IDENTIFYING AN INDI-
 VIDUAL AS ONE WHO HOLDS A  CURRENTLY  REGISTERED  AND  VALID  CREDENTIAL
 ISSUED  BY  THE  OFFICE  OF MENTAL HEALTH PURSUANT TO THIS SECTION WHICH
 DOCUMENTS AN  INDIVIDUAL'S  QUALIFICATIONS  TO  ASSIST  LICENSED  MENTAL
 HEALTH  PRACTITIONERS  THROUGH COACHING AND SUPPORTING INDIVIDUALS UNDER
 TREATMENT PLANS.
   (I) NO PERSON SHALL USE THE TITLE QUALIFIED MENTAL HEALTH ASSOCIATE OR
 QMHA UNLESS AUTHORIZED PURSUANT TO THIS TITLE.
   (II) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION SHALL
 CONSTITUTE A VIOLATION AS DEFINED IN THE PENAL LAW.
   § 2. This act shall take effect immediately.

2023-S8765A (ACTIVE) - Details

See Assembly Version of this Bill:: A8464
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.07 & 7.03, Ment Hyg L

2023-S8765A (ACTIVE) - Summary

2023-S8765A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8765A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to qualified mental
health associates

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a new, supervised, entry level position of Qualified Mental
Health Associate.

 
SUMMARY OF PROVISIONS:

Section 1: The office of mental health shall foster programs for the
training and development of persons capable of providing support to
individuals under treatment plans developed by licensed mental health
practitioners. The office shall establish minimum qualifications for
this position including educational and or equivalent on-the-job experi-
ence.

Section 2: The commissioner will establish a credentialing board to
provide advice concerning the credentialing process of the title of
Qualified Mental Health Associate.

Section 3: The title, Qualified Mental Health Associate (QMHA), will
officially designate an individual as one who holds a registered and
valid credential issued by the office of mental health which documents
the individuals' qualifications to assist licensed mental health practi-
tioners though coaching and supporting individuals under treatment
plans.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amendments included in A8464A would do the following:

-Clarify the minimum qualifications for a QHMA would be a combination of
education, training, or work experience that would demonstrate the
competency necessary to provide certain non-clinical activities.

-Add language to require the commissioner of OMH to develop procedures
for remedial action which may be used at the discretion of the commis-
sioner, prior to issuing penalties, or suspending, revoking, or annull-
ing such credentials.

-Add language to require the appointments to the advisory board be
representative of the diverse mental health field, including but not
limited to consumers of mental health services or persons with lived
experience; individuals who represent underserved populations, including
urban and rural areas of the state; and other credentialed and licensed
mental health professionals.

- Add language to prohibit a QMHA from acting in a manner that would
require a license, registration, or certification pursuant to title
eight of the education law.

 
JUSTIFICATION:

This model is similar to the successful CASAC model in substance abuse
services where through training curriculum combined with hands on expe-
rience, an individual can climb the first step on a career ladder lead-
ing into advancement in the mental health field. A QMHA will be an
Office of Mental Health licensed paraprofessional who supports individ-
uals in implementing a treatment plan developed by a licensed practi-
tioner, only under the supervision of the licensed practitioner. The
position will serve to increase the engagement of community college and
undergraduate students who are considering a career in mental health,
but presently have limited opportunities for hands on experience. The
QMHA title provides this experience while assisting licensed clinicians
now in short supply in many underserved and rural communities.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8765A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8765--A
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Section 7.07 of the mental hygiene law is amended by adding
 a new subdivision (i) to read as follows:
   (I) THE OFFICE EITHER DIRECTLY  OR  THROUGH  CONTRACT,  SHALL  DEVELOP
 TRAINING,  APPROVED  EDUCATIONAL  COURSES,  AND  A  PROCESS  FOR ISSUING
 CREDENTIALS TO PERSONS MEETING THE MINIMUM QUALIFICATIONS FOR  A  QUALI-
 FIED MENTAL HEALTH ASSOCIATE.
   (1)  A  CREDENTIALED  QUALIFIED  MENTAL HEALTH ASSOCIATE MUST MEET THE
 FOLLOWING MINIMUM QUALIFICATIONS:
   (I) A HIGH SCHOOL DIPLOMA;
   (II)(A) AN ASSOCIATE OR BACHELOR'S DEGREE  IN  A  BEHAVIORAL  SCIENCES
 FIELD; OR
   (B)  A  COMBINATION  OF AT LEAST THREE YEARS RELEVANT WORK, EDUCATION,
 TRAINING OR EXPERIENCE; AND
   (III) DEMONSTRATE THE COMPETENCY NECESSARY TO:
   (A) PROMOTE RECOVERY AND COMMUNICATE EFFECTIVELY TO SERVICE RECIPIENTS
 AND PROFESSIONALS;
   (B) UNDERSTAND MENTAL HEALTH ASSESSMENT, TREATMENT AND SERVICE  TERMI-
 NOLOGY;
   (C) PROVIDE PSYCHOSOCIAL SKILLS DEVELOPMENT;
   (D)  IMPLEMENT  INTERVENTIONS INCLUDED IN AN INDIVIDUAL TREATMENT PLAN
 OF CARE;
   (E) PROVIDE BEHAVIOR MANAGEMENT AND CASE MANAGEMENT DUTIES; AND
   (F) PROVIDE SUPPORT SERVICES RELATED TO CRISIS STABILIZATION,  MEDICA-
 TION MANAGEMENT AND HEALTH MONITORING.
   (2)  THE  OFFICE  SHALL  ESTABLISH PROCEDURES FOR THE ESTABLISHMENT OF
 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
 
 SUCH CREDENTIALS FOR CAUSE ANY MISCONDUCT, OTHER PROHIBITED ACTS, OR FOR
 THE UNAUTHORIZED USE OF THE TITLE QUALIFIED MENTAL HEALTH ASSOCIATE. THE
 COMMISSIONER SHALL ALSO DEVELOP PROCEDURES FOR REMEDIAL ACTION WHICH MAY
 BE USED AT THE DISCRETION OF THE COMMISSIONER.
   (3) THE COMMISSIONER SHALL ESTABLISH A CREDENTIALING BOARD WHICH SHALL
 PROVIDE  ADVICE CONCERNING THE CREDENTIALING PROCESS UNDER THIS SUBDIVI-
 SION.   THE COMMISSIONER APPOINTMENTS SHALL  BE  REPRESENTATIVE  OF  THE
 DIVERSE MENTAL HEALTH FIELD, INCLUDING BUT NOT LIMITED TO:
   (I)  CONSUMERS OF MENTAL HEALTH SERVICES OR PERSONS WITH LIVED EXPERI-
 ENCE;
   (II) INDIVIDUALS  WHO  REPRESENT  UNDERSERVED  POPULATIONS,  INCLUDING
 URBAN AND RURAL AREAS OF THE STATE; AND
   (III) OTHER CREDENTIALED AND LICENSED MENTAL HEALTH PROFESSIONALS.
   (4)  THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS FOR THE
 PURPOSE OF EFFECTUATING THE PROVISIONS UNDER THIS SUBDIVISION.
   (5) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO ALLOW A  QUALIFIED
 MENTAL HEALTH ASSOCIATE TO ACT IN A MANNER THAT WOULD REQUIRE A LICENSE,
 REGISTRATION,  OR CERTIFICATION PURSUANT TO TITLE EIGHT OF THE EDUCATION
 LAW.
   § 2. Section 7.03 of the mental hygiene law is amended by adding a new
 subdivision 3 to read as follows:
   3. "QUALIFIED MENTAL HEALTH ASSOCIATE" OR  "QMHA"  MEANS  AN  OFFICIAL
 DESIGNATION  IDENTIFYING AN INDIVIDUAL AS ONE WHO HOLDS A REGISTERED AND
 VALID CREDENTIAL ISSUED BY THE OFFICE PURSUANT TO SECTION 7.07  OF  THIS
 ARTICLE  WHICH  DOCUMENTS  AN  INDIVIDUAL'S  MINIMUM  QUALIFICATIONS  TO
 PROVIDE SERVICES AND SUPPORTS TO  INDIVIDUALS  WITH  A  MENTAL  ILLNESS.
 NOTHING  IN  THIS  SUBDIVISION SHALL BE INTERPRETED TO ALLOW A QUALIFIED
 MENTAL HEALTH ASSOCIATE TO ACT IN A MANNER THAT WOULD REQUIRE A LICENSE,
 REGISTRATION, OR CERTIFICATION PURSUANT TO TITLE EIGHT OF THE  EDUCATION
 LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S8765A

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee

Bill Amendments

2023-S8765 - Details

2023-S8765 - Summary

2023-S8765 - Sponsor Memo

2023-S8765 - Bill Text download pdf

2023-S8765A (ACTIVE) - Details

2023-S8765A (ACTIVE) - Summary

2023-S8765A (ACTIVE) - Sponsor Memo

2023-S8765A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8765A

Share this bill

Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Mental Health Committee

Bill Amendments

2023-S8765 - Details

2023-S8765 - Summary

2023-S8765 - Sponsor Memo

2023-S8765 - Bill Text download pdf

2023-S8765A (ACTIVE) - Details

2023-S8765A (ACTIVE) - Summary

2023-S8765A (ACTIVE) - Sponsor Memo

2023-S8765A (ACTIVE) - Bill Text download pdf

Comments