S 1725 NY
Extends confidentiality privileges to certain communications to or from a licensed mental health counselor
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Summary
This bill creates a legal confidentiality privilege for communications between licensed mental health counselors and their clients in New York. Communications made during counseling sessions and related advice cannot be disclosed by the counselor or the counselor's employees without client permission, except in certain circumstances. The counselor must disclose information if the client authorizes it, if the communication involves planning a crime or harmful act, or if the client is a child under 16 who has been victimized. The bill also protects confidentiality even when a client discloses information to an insurance company for benefits purposes. The law takes effect immediately upon enactment.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of such licensed mental health counselor's professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.
Sponsor (1)
- Samra Brouk Democratic · primary
Action history (4)
- Jan 13, 2025 REFERRED TO JUDICIARY · upper
- Jan 7, 2026 REFERRED TO JUDICIARY · upper
- May 8, 2026 AMEND AND RECOMMIT TO JUDICIARY · upper
- May 8, 2026 PRINT NUMBER 1725A · upper
Text versions (3)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S01725 Summary: BILL NO S01725A   SAME AS SAME AS A03906-A
  SPONSOR BROUK   COSPNSR   MLTSPNSR   Add §4552, CPLR   Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of such licensed mental health counselor's professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.
Go to top S01725 Text:
STATE OF NEW YORK ________________________________________________________________________
1725--A
2025-2026 Regular Sessions
IN SENATE
January 13, 2025 ___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 4552 to read as follows: 3 § 4552. Licensed mental health counselor. (a) Confidential information 4 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00439-03-6
S. 1725--A 2
1 thereto upon any examination, trial or other proceeding in which the 2 commission of such crime is a subject of inquiry; 3 4. where the client waives the privilege by bringing charges against 4 such licensed mental health counselor and such charges involve confiden- 5 tial communications between the client and the licensed mental health 6 counselor. 7 (b) Limitations on waiver. A client who, for the purpose of obtaining 8 insurance benefits, authorizes the disclosure of any such privileged 9 communication to any person shall not be deemed to have waived the priv- 10 ilege created by this section. For purposes of this subdivision: 11 1. "person" shall mean any individual, insurer or agent thereof, peer 12 review committee, public or private corporation, political subdivision, 13 government agency, department or bureau of the state, municipality, 14 industry, co-partnership, association, firm, trust, estate or any other 15 legal entity whatsoever; and 16 2. "insurance benefits" shall include payments under a self-insured 17 plan. 18 § 2. This act shall take effect immediately.
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