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History
- Referred to higher education
- Referred to higher education
Companion bill
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Provides that complaints brought against mental health professionals shall be commenced within ten years of the date of the last treatment
In Assembly Committee · Higher Education · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4671
Title of bill
An act to amend the education law, in relation to the statute of limitations for professional misconduct for mental health professionals
Purpose
This legislation amends the education law to provide a statute of limitations of ten years for all complaints of professional misconduct against mental health professionals licensed under articles 153, 154 and 163 of the education law. In cases involving the treatment of children under the age of twenty-one years old, all complaints of professional misconduct shall be commenced within ten years after the complainant reaches the age of majority
Justification
Mental health professionals licensed under Title VIII of the education law are required to keep all patient records for at least six years. For non-adult or minor patients, records must be kept until one year after the age of 21 years (NYCRR EDN § 29.2 (3)). A failure to comply with record keeping requirements constitutes unprofessional conduct by mental health professionals and can result in a formal professional misconduct charge.
Currently, there is no statute of limitations for professional misconduct for these professionals. In light of this fact, mental health professionals must keep patient records in perpetuity to protect themselves from any charges of professional misconduct from former patients that may be brought against them decades after treatment. This is extremely onerous and burdensome on these individuals who provide an invaluable service to society by treating countless patients with mental health illness so that they may remain productive members of society.
This legislation would appropriately establish a statute of limitations for mental health professionals that exceeds current patient record keeping requirements by an additional four years and thereby eliminate the need for these individuals to maintain patient records indefinitely.
Legislative history
2013-14 S.3700/A.4795; 2011-12 S.1720/A.1734; 2009-10 S.1767/A.4800; 2007-08, S.4155/A.4639; 2006, S.7396A/A.11303.
Fiscal implications
None to the State
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.