BILL NUMBER: S1725
SPONSOR: BROUK
 
TITLE OF BILL:
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
 
PURPOSE:
The purpose of the legislation is to include licensed mental health
counselors among the professions for which confidential communication is
provided.
 
SUMMARY OF PROVISIONS:
Section 1 amends article forty-five (45) of the civil practice law and
rule by adding a new section four thousand five hundred and eight - a (§
4508-a). This new section extends the confidentiality provisions
provided for licensed psychologists *taro and licensed master social
workers and licensed clinical social workers (§ 4508) to licensed mental
health counselors.
Section 2 sets the effective date.
 
JUSTIFICATION:
In 1968, the state recognized the need to protect the confidential
communication beyond that of a medical professional. Expanding privilege
to psychologists and social workers acknowledges that "Effective
psychotherapy...depends upon an atmosphere of confidence and trust in
which the patient is willing to make a frank and complete disclosure of
facts, emotions, memories, and fears." Jaffee v. Redmond, 1996, 518 U.S.
1, 10, 116 S.Ct. 1923,1928, 135 Led.2d 337. The original law was amended
in 2004 from "certified social worker" to "licensed masters social work-
er" and "licensed clinical social worker" in recognition of the
protected scope of practice.
Licensed mental health counselors have a protected scope that includes
psychotherapy and mental health counseling. Individuals seeking mental
health services should know that their communications are considered
confidential in the same manner provided for with psychologists and
social workers.
 
LEGISLATIVE HISTORY:
2024: S9565 Referred to Judiciary.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.