What's happening
This bill sets a ten-year statute of limitations for filing professional misconduct complaints against licensed mental health professionals, with special provisions for minors.
Why it matters
Creates a clear time frame. By setting a ten-year limit from the last treatment date for filing complaints, this bill provides both mental health professionals and clients with more certainty about when potential allegations may arise, potentially reducing the risk of defending against very old claims.
Special protection for minors. For individuals treated as children, the statute of limitations does not begin until they reach age 21, effectively giving minors more time to recognize and report professional misconduct that may have occurred during their youth.
Impacts accountability and record-keeping. Licensed mental health professionals will need to maintain records and be prepared to address complaints for an extended period (up to ten years or longer for minors), which could affect administrative practices and legal risk management.
Potentially balances interests. The bill attempts to balance the rights of clients to seek redress for misconduct with the need to provide closure and fairness to practitioners, possibly impacting how misconduct is investigated and adjudicated in New York.
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Who cares
Headline styles
Extend Complaint Deadline Ten Years
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ten-Year Limit on Complaints
In Senate Committee · Higher Education · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1828
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
Introduced by M. of A. MORELLE -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the statute of limitations for professional misconduct for mental health professionals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6509 of the education law is amended by adding a new subdivision 15 to read as follows:
(15) Notwithstanding any other provision of law, all complaints of professional misconduct brought against a mental health professional licensed pursuant to article one hundred fifty-three, one hundred fifty-four or one hundred sixty-three of this title shall be commenced within ten years of the date of the last treatment of the complainant. In cases involving the treatment of children under the age of twenty-one years, all complaints of professional misconduct shall be commenced within ten years after the complainant reaches the age of twenty-one years.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05379-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.