Senate Bill S9565

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9565
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4508-a to read as follows:
   § 4508-A. LICENSED MENTAL HEALTH COUNSELOR. (A) CONFIDENTIAL  INFORMA-
 TION PRIVILEGED. A PERSON LICENSED AS A LICENSED MENTAL HEALTH COUNSELOR
 UNDER THE PROVISIONS OF ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION
 LAW  SHALL NOT BE REQUIRED TO DISCLOSE A COMMUNICATION MADE BY A CLIENT,
 OR HIS OR HER ADVICE GIVEN THEREON, IN THE COURSE OF HIS OR HER  PROFES-
 SIONAL  EMPLOYMENT,  NOR  SHALL  ANY CLERK, STENOGRAPHER OR OTHER PERSON
 WORKING FOR THE SAME EMPLOYER AS SUCH LICENSED MENTAL  HEALTH  COUNSELOR
 OR  FOR SUCH LICENSED MENTAL HEALTH COUNSELOR BE ALLOWED TO DISCLOSE ANY
 SUCH COMMUNICATION OR ADVICE GIVEN THEREON; EXCEPT
   1. THAT SUCH LICENSED MENTAL HEALTH COUNSELOR MAY DISCLOSE SUCH INFOR-
 MATION AS THE CLIENT MAY AUTHORIZE;
   2. THAT SUCH LICENSED MENTAL HEALTH COUNSELOR SHALL NOT BE REQUIRED TO
 TREAT AS CONFIDENTIAL A COMMUNICATION BY  A  CLIENT  WHICH  REVEALS  THE
 CONTEMPLATION OF A CRIME OR HARMFUL ACT;
   3. WHERE THE CLIENT IS A CHILD UNDER THE AGE OF SIXTEEN AND THE INFOR-
 MATION  ACQUIRED BY SUCH LICENSED MENTAL HEALTH COUNSELOR INDICATES THAT
 THE CLIENT HAS BEEN THE VICTIM OR  SUBJECT  OF  A  CRIME,  THE  LICENSED
 MENTAL  HEALTH  COUNSELOR  MAY  BE REQUIRED TO TESTIFY FULLY IN RELATION
 THERETO UPON ANY EXAMINATION, TRIAL OR OTHER  PROCEEDING  IN  WHICH  THE
 COMMISSION OF SUCH CRIME IS A SUBJECT OF INQUIRY;
   4.  WHERE  THE CLIENT WAIVES THE PRIVILEGE BY BRINGING CHARGES AGAINST
 SUCH LICENSED MENTAL HEALTH COUNSELOR AND SUCH CHARGES INVOLVE CONFIDEN-
 TIAL COMMUNICATIONS BETWEEN THE CLIENT AND THE  LICENSED  MENTAL  HEALTH
 COUNSELOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13376-01-3
              

 S. 9565                             2
 
   (B)  LIMITATIONS ON WAIVER. A CLIENT WHO, FOR THE PURPOSE OF OBTAINING
 INSURANCE BENEFITS, AUTHORIZES THE DISCLOSURE  OF  ANY  SUCH  PRIVILEGED
 COMMUNICATION TO ANY PERSON SHALL NOT BE DEEMED TO HAVE WAIVED THE PRIV-
 ILEGE CREATED BY THIS SECTION. FOR PURPOSES OF THIS SUBDIVISION:
   1.  "PERSON" SHALL MEAN ANY INDIVIDUAL, INSURER OR AGENT THEREOF, PEER
 REVIEW COMMITTEE, PUBLIC OR PRIVATE CORPORATION, POLITICAL  SUBDIVISION,
 GOVERNMENT  AGENCY,  DEPARTMENT  OR  BUREAU  OF THE STATE, MUNICIPALITY,
 INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE OR ANY  OTHER
 LEGAL ENTITY WHATSOEVER; AND
   2.  "INSURANCE  BENEFITS"  SHALL INCLUDE PAYMENTS UNDER A SELF-INSURED
 PLAN.
   § 2. This act shall take effect immediately.