New York Assembly Bill A08464 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8464--A 2023-2024 Regular Sessions  IN ASSEMBLY December 29, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health -- recommitted to the Committee on Mental Health in accordance with Assembly Rule 3, sec. 2 -- 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: 1 Section 1. Section 7.07 of the mental hygiene law is amended by adding 2 a new subdivision (i) to read as follows: 3 (i) The office either directly or through contract, shall develop 4 training, approved educational courses, and a process for issuing 5 credentials to persons meeting the minimum qualifications for a quali- 6 fied mental health associate. 7 (1) A credentialed qualified mental health associate must meet the 8 following minimum qualifications: 9 (i) A high school diploma; 10 (ii)(A) An Associate or Bachelor's degree in a behavioral sciences 11 field; or 12 (B) A combination of at least three years relevant work, education, 13 training or experience; and 14 (iii) Demonstrate the competency necessary to: 15 (A) promote recovery and communicate effectively to service recipients 16 and professionals; 17 (B) understand mental health assessment, treatment and service termi- 18 nology; 19 (C) provide psychosocial skills development; 20 (D) implement interventions included in an individual treatment plan 21 of care; 22 (E) provide behavior management and case management duties; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13776-05-4 
 A. 8464--A 2 1 (F) provide support services related to crisis stabilization, medica- 2 tion management and health monitoring. 3 (2) The office shall establish procedures for the establishment of 4 appropriate fees, and to issue penalties, or suspend, revoke, or annul 5 such credentials for cause any misconduct, other prohibited acts, or for 6 the unauthorized use of the title qualified mental health associate. The 7 commissioner shall also develop procedures for remedial action which may 8 be used at the discretion of the commissioner. 9 (3) The commissioner shall establish a credentialing board which shall 10 provide advice concerning the credentialing process under this subdivi- 11 sion. The commissioner appointments shall be representative of the 12 diverse mental health field, including but not limited to: 13 (i) consumers of mental health services or persons with lived experi- 14 ence; 15 (ii) individuals who represent underserved populations, including 16 urban and rural areas of the state; and 17 (iii) other credentialed and licensed mental health professionals. 18 (4) The commissioner shall promulgate rules and regulations for the 19 purpose of effectuating the provisions under this subdivision. 20 (5) Nothing in this section shall be interpreted to allow a qualified 21 mental health associate to act in a manner that would require a license, 22 registration, or certification pursuant to title eight of the education 23 law. 24 § 2. Section 7.03 of the mental hygiene law is amended by adding a new 25 subdivision 3 to read as follows: 26 3. "Qualified mental health associate" or "QMHA" means an official 27 designation identifying an individual as one who holds a registered and 28 valid credential issued by the office pursuant to section 7.07 of this 29 article which documents an individual's minimum qualifications to 30 provide services and supports to individuals with a mental illness. 31 Nothing in this subdivision shall be interpreted to allow a qualified 32 mental health associate to act in a manner that would require a license, 33 registration, or certification pursuant to title eight of the education 34 law. 35 § 3. This act shall take effect immediately.