Extends confidentiality privileges to certain communications to or from a licensed mental health counselor

Latest action May 8, 2026

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.

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Where it stands

Assigned to a committee for review.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A3906, the matching bill in the Assembly.

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

Purpose, from the sponsor's memo

The purpose of the legislation is to include licensed mental health counselors among the professions for which confidential communication is provided.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Cosponsors

Albert A. Stirpe, Jo Anne Simon and 3 more on Agora

Democratic5

See the full list on nysenate.gov

The sponsor's argument

Why Samra Brouk says this is needed

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 L.Ed. 2d 337. The original law was amended in 2004 from "certified social worker" to "licensed masters social worker" 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 coun- seling. Individuals seeking mental health services should know that their communications are considered confidential in the same manner provided for with psychologists and social workers.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

May 8, 2026
Amend and Recommit to Judiciary
AMEND AND RECOMMIT TO JUDICIARY
NY Senate
May 7, 2026
Amend and Recommit to Judiciary
AMEND AND RECOMMIT TO JUDICIARY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Senate
Jan 30, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly

Show full history (1 earlier event)

Jan 13, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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