Senate Bill S5146

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5146
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER,  GALLIVAN,  SEPULVEDA  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Veterans, Homeland Security and Military Affairs
 
 AN  ACT  to  amend the mental hygiene law, in relation to establishing a
   peer support program for veterans

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 7.42 to read as follows:
 § 7.42 PEER SUPPORT PROGRAM FOR VETERANS.
   (A) FOR THE PURPOSE OF THIS SECTION THE TERM "PEER  SUPPORT  SERVICES"
 SHALL  MEAN  ANY  SERVICE DESIGNATED BY THE OFFICE USED IN THE TREATMENT
 AND RECOVERY OF MENTAL ILLNESS, ALCOHOL ABUSE, SUBSTANCE  ABUSE,  AND/OR
 CHEMICAL DEPENDENCE THAT IS DELIVERED BY A CERTIFIED PEER COUNSELOR OR A
 VETERAN  RECOGNIZED  PURSUANT TO THE PROVISIONS OF THIS SECTION; AND THE
 TERM "CERTIFIED OR RECOGNIZED VETERAN  PEER  COUNSELOR"  SHALL  MEAN  AN
 INDIVIDUAL WHO HAS SERVED IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE
 UNITED  STATES AND HAS BEEN RELEASED FROM SUCH SERVICE OTHERWISE THAN BY
 DISHONORABLE DISCHARGE AS DOCUMENTED BY HIS OR HER DISCHARGE  PAPERS  OR
 WHO HAS BEEN FURLOUGHED TO THE RESERVE COMPONENTS OF THE ARMED FORCES OF
 THE UNITED STATES WHO HAS TRAINING, CREDENTIALS OR EXPERIENCE RECOGNIZED
 BY THE OFFICE.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF ADDICTION SERVICES
 AND SUPPORTS, AND THE STATE COMMISSIONER OF THE DEPARTMENT OF  VETERANS'
 SERVICES  SHALL  DEVELOP  AND  ESTABLISH  REGIONAL  OR COUNTY BASED PEER
 SUPPORT SERVICES PROGRAMS FOR WOMEN VETERANS. SERVICES PROVIDED  BY  THE
 RECOGNIZED  OR  CERTIFIED  WOMAN  VETERAN  PEER SUPPORT SERVICES PROGRAM
 SHALL INCLUDE, BUT NOT BE LIMITED TO,  PEER  COUNSELING  TECHNIQUES  FOR
 MENTAL  ILLNESS  INCLUDING  POST-TRAUMATIC  STRESS DISORDER, ALCOHOL AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05733-01-3
 S. 5146                             2
              

 
 SUBSTANCE ABUSE COUNSELING, FAMILY SUPPORT SERVICES, DOMESTIC  VIOLENCE,
 MENTAL HEALTH, CHILD CARE, PHYSICAL HEALTH AND LEGAL ISSUES.
   (C)  THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE STATE COMMISSIONER  OF
 THE  DEPARTMENT  OF  VETERANS'  SERVICES  SHALL  FOSTER PROGRAMS FOR THE
 TRAINING AND DEVELOPMENT OF PERSONS CAPABLE OF  PROVIDING  THE  SERVICES
 SET  FORTH  IN THIS SECTION, INCLUDING, BUT NOT LIMITED TO, A PROCESS OF
 ISSUING, EITHER DIRECTLY OR THROUGH CONTRACT, CREDENTIALS FOR RECOGNIZED
 OR CERTIFIED VETERAN PEER COUNSELORS IN ACCORDANCE WITH THE FOLLOWING:
   1. THE OFFICE SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR RECOGNIZED OR
 CERTIFIED VETERAN PEER COUNSELORS IN ALL PHASES OF DELIVERY OF  SERVICES
 TO  VETERANS WHO ARE EVALUATED AND CERTIFIED OR RECOGNIZED BY THE OFFICE
 ON FACTORS INCLUDING, BUT NOT BE  LIMITED  TO,  COMPLETION  OF  APPROVED
 COURSES  OF  STUDY  OR EQUIVALENT ON-THE-JOB EXPERIENCE IN MENTAL HEALTH
 COUNSELING AND/OR ALCOHOLISM AND SUBSTANCE  ABUSE  COUNSELING  OR  OTHER
 CREDENTIALS ESTABLISHED OR RECOGNIZED BY THE OFFICE; AND
   2.  THE  OFFICE  SHALL  ESTABLISH  PROCEDURES FOR ISSUING, DIRECTLY OR
 THROUGH CONTRACT, CREDENTIALS TO  CERTIFIED  PEER  COUNSELORS  WHO  MEET
 MINIMUM  QUALIFICATIONS,  AND  SHALL  FURTHER  ESTABLISH  PROCEDURES  TO
 SUSPEND, REVOKE, OR ANNUL SUCH CREDENTIALS FOR GOOD CAUSE.
   § 2. This act shall take effect one year after it shall have become  a
 law; provided however, that if section 2 of part PP of chapter 56 of the
 laws  of  2022  shall  not have taken effect on or before such date then
 this act shall take effect on the same date and in the  same  manner  as
 such  section  of  such  part  of such chapter of the laws of 2022 takes
 effect. Effective immediately the addition, amendment and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such date.