What's happening
This bill sets a 10-year statute of limitations for filing professional misconduct complaints against mental health professionals, with special provisions for minors.
Why it matters
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Who cares
Headline styles
Ten-Year Limit on Complaints
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Extend Complaint Deadline Ten Years
In Assembly Committee · Higher Education · Sponsor Joseph Morelle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2624
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sens. LAVALLE, LITTLE -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
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
2015-16 S.4671/A.3883; 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.