Assembly Bill A5545A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5545--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by  M. of A. SIMON, SANTABARBARA, DE LOS SANTOS -- read once
   and  referred  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  THE
 TITLE  FOR  A  QUALIFIED MENTAL HEALTH ASSOCIATE ONCE IT HAS BEEN DETER-
 MINED THAT AN INDIVIDUAL HAS MET THE  MINIMUM  QUALIFICATIONS  FOR  SUCH
 TITLE.
   (1)  A QUALIFIED MENTAL HEALTH ASSOCIATE MUST MEET THE FOLLOWING MINI-
 MUM 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) (A) DEMONSTRATE THE COMPETENCY NECESSARY  TO  WORK  IN  FACILITY
 SETTINGS  OR  OTHER  SUPERVISED SETTINGS APPROVED  BY  THE OFFICE  UNDER
 SUPERVISION  IN   ACCORDANCE   WITH REGULATIONS ESTABLISHED  UNDER  THIS
 SUBDIVISION;
   (B) PROMOTE RECOVERY AND COMMUNICATE EFFECTIVELY TO SERVICE RECIPIENTS
 AND  PROFESSIONALS TO EFFECTIVELY CREATE, DEVELOP OR IMPLEMENT A SERVICE
 PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL  HEALTH  DIAGNOSIS  OR
 TREATMENT PLAN; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08419-04-5
 A. 5545--A                          2
              

 
   (C)  UNDERSTAND TERMINOLOGY FOR MENTAL HEALTH ASSESSMENT AND TREATMENT
 AND PERFORM SUCH ASSESSMENTS AND  ASSIST  WITH  THE  DEVELOPMENT  OF  OR
 IMPLEMENTATION  OF  TREATMENT  PLANS AS A MEMBER OF A MULTI-DISCIPLINARY
 TEAM, IN ACCORDANCE WITH SECTION EIGHTY-FOUR HUNDRED TEN OF  THE  EDUCA-
 TION LAW.
   (2)  THE OFFICE IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION SHALL
 ESTABLISH PROCEDURES FOR THE ESTABLISHMENT OF APPROPRIATE FEES, AND WHEN
 APPROPRIATE MAKE A REFERRAL TO  THE  DEPARTMENT  OF  EDUCATION  FOR  THE
 PURPOSE  OF  ISSUING PENALTIES, OR SUSPEND, REVOKE, OR ANNUL AN INDIVID-
 UAL'S TITLE OF A QUALIFIED MENTAL HEALTH ASSOCIATE FOR CAUSE ANY MISCON-
 DUCT, 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  BOARD WHICH SHALL PROVIDE
 ADVICE CONCERNING THE PROCESS UNDER THIS SUBDIVISION.  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;
   (III)  PARAPROFESSIONALS  AND  OTHER  CREDENTIALED AND LICENSED MENTAL
 HEALTH PROFESSIONALS EMPLOYED BY  A  MENTAL  HEALTH  PROGRAM  CERTIFIED,
 LICENSED, OR APPROVED BY THE OFFICE; AND
   (IV) A REPRESENTATIVE OF THE DEPARTMENT OF EDUCATION.
   (4) THE COMMISSIONER IN CONJUNCTION WITH THE COMMISSIONER OF EDUCATION
 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 2-a to read as follows:
   2-A. "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 on the one hundred twentieth day after
 it shall have become a law.