New York Assembly Bill A03906 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3906 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Judiciary 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 section 4508-a to read as follows: 3 § 4508-a. Licensed mental health counselor. (a) Confidential informa- 4 tion privileged. A person licensed as a licensed mental health counselor 5 under the provisions of article one hundred sixty-three of the education 6 law shall not be required to disclose a communication made by a client, 7 or such licensed mental health counselor's advice given thereon, in the 8 course of such licensed mental health counselor's professional employ- 9 ment, nor shall any clerk, stenographer or other person working for the 10 same employer as such licensed mental health counselor or for such 11 licensed mental health counselor be allowed to disclose any such commu- 12 nication or advice given thereon; except 13 1. that such licensed mental health counselor may disclose such infor- 14 mation as the client may authorize; 15 2. that such licensed mental health counselor shall not be required to 16 treat as confidential a communication by a client which reveals the 17 contemplation of a crime or harmful act; 18 3. where the client is a child under the age of sixteen and the infor- 19 mation acquired by such licensed mental health counselor indicates that 20 the client has been the victim or subject of a crime, the licensed 21 mental health counselor may be required to testify fully in relation 22 thereto upon any examination, trial or other proceeding in which the 23 commission of such crime is a subject of inquiry; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00439-01-5 
 A. 3906 2 1 4. where the client waives the privilege by bringing charges against 2 such licensed mental health counselor and such charges involve confiden- 3 tial communications between the client and the licensed mental health 4 counselor. 5 (b) Limitations on waiver. A client who, for the purpose of obtaining 6 insurance benefits, authorizes the disclosure of any such privileged 7 communication to any person shall not be deemed to have waived the priv- 8 ilege created by this section. For purposes of this subdivision: 9 1. "person" shall mean any individual, insurer or agent thereof, peer 10 review committee, public or private corporation, political subdivision, 11 government agency, department or bureau of the state, municipality, 12 industry, co-partnership, association, firm, trust, estate or any other 13 legal entity whatsoever; and 14 2. "insurance benefits" shall include payments under a self-insured 15 plan. 16 § 2. This act shall take effect immediately.