A.4639 Morelle
S.4155 Lavalle

An act to amend the education law, in relation to the statute of limitations for professional misconduct for mental health professionals.

Synopsis:
In current New York State law there is no statute of limitations guidelines for mental health professionals.  Mental health professionals are vulnerable to professional misconduct accusations for their lifetimes, while they are only required to keep records for six years after the termination of treatment.  This proposed legislation seeks to establish a statute of limitations for mental health providers.

Status:
This legislation was referred to the Senate Higher Education Committee on 1/9/08 and the Assembly Higher Education Committee on 1/9/08. 

Summary of Provisions:

• All accusations of professional misconduct must be brought forth within ten years from date of the patient’s last treatment.
• In the event the patient was under the age of twenty-one at the time of the last treatment, then the accusation must be brought forth within ten years from the patient’s twenty-first birthday

NASW-NYS Position:
NASW-NYS is monitoring this legislation.