NY State Senate Bill 2025-S5273

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
Feb 20, 2025	referred to mental health

2025-S5273 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.07 & 7.03, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S8765

2025-S5273 (ACTIVE) - 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.

2025-S5273 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5273

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 OMR 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 riot
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 model in substance abuse services called
Credentialed Alcoholism and Substance Abuse Counselor (CASAC), in which
individuals gain professional development through training curriculum
combined with hands-on experience. A QMHA will be an Office of Mental
Health licensed paraprofessional who supports individuals in implement-
ing a treatment plan developed by a licensed practitioner, 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 have had limited
opportunities for hands-on experience. The QMHA designation allows indi-
viduals to gain this experience while assisting licensed clinicians now
in short supply in many underserved and rural communities.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: S8765A

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S5273 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5273
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08419-01-5
 S. 5273                             2

 
   (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 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 immediately.

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Senate Bill S5273

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee

2025-S5273 (ACTIVE) - Details

2025-S5273 (ACTIVE) - Summary

2025-S5273 (ACTIVE) - Sponsor Memo

2025-S5273 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5273

Share this bill

Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Mental Health Committee

2025-S5273 (ACTIVE) - Details

2025-S5273 (ACTIVE) - Summary

2025-S5273 (ACTIVE) - Sponsor Memo

2025-S5273 (ACTIVE) - Bill Text download pdf

Comments