S T A T E O F N E W Y O R K
________________________________________________________________________
8464--A
2023-2024 Regular Sessions
I N A S S E M B L Y
December 29, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health -- recommitted to the Committee on Mental Health
in accordance with Assembly Rule 3, sec. 2 -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13776-05-4
A. 8464--A 2
(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
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.