Directs the office of mental health to establish programs for the training and development of persons capable of providing coaching and support to individuals under treatment plans developed by licensed mental health practitioners, including but not limited to a process of issuing, either directly or through contract, credentials for qualified mental health associates.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8464A
SPONSOR: Gunther TITLE OF BILL:
An act to amend the mental hygiene law, in relation to qualified mental
health associates
PURPOSE OR GENERAL IDEA OF BILL:
To create a new, supervised, entry level position of Qualified Mental
Health Associate.
SUMMARY OF PROVISIONS:
Section 1: The office of mental health shall foster programs for the
training and development of persons capable of providing support to
individuals under treatment plans developed by licensed mental health
practitioners. The office shall establish minimum qualifications for
this position including educational and or equivalent on-the-job experi-
ence.
Section 2: The commissioner will establish a credentialing board to
provide advice concerning the credentialing process of the title of
Qualified Mental Health Associate.
Section 3: The title, Qualified Mental Health Associate (QMHA), will
officially designate an individual as one who holds a registered and
valid credential issued by the office of mental health which documents
the individuals' qualifications to assist licensed mental health practi-
tioners though coaching and supporting individuals under treatment
plans.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Amendments included in A8464A would do the following:
-Clarify the minimum qualifications for a QHMA would be a combination of
education, training, or work experience that would demonstrate the
competency necessary to provide certain non-clinical activities.
-Add language to require the commissioner of OMH to develop procedures
for remedial action which may be used at the discretion of the commis-
sioner, prior to issuing penalties, or suspending, revoking, or annull-
ing such credentials.
-Add language to require the appointments to the advisory board be
representative of the diverse mental health field, including but not
limited to consumers of mental health services or persons with lived
experience; individuals who represent underserved populations, including
urban and rural areas of the state; and other credentialed and licensed
mental health professionals.
- Add language to prohibit a QMHA from acting in a manner that would
require a license, registration, or certification pursuant to title
eight of the education law.
JUSTIFICATION:
This model is similar to the successful CASAC model in substance abuse
services where through training curriculum combined with hands on expe-
rience, an individual can climb the first step on a career ladder lead-
ing into advancement in the mental health field. A QMHA will be an
Office of Mental Health licensed paraprofessional who supports individ-
uals in implementing a treatment plan developed by a licensed practi-
tioner, only under the supervision of the licensed practitioner. The
position will serve to increase the engagement of community college and
undergraduate students who are considering a career in mental health,
but presently have limited opportunities for hands on experience. The
QMHA title provides this experience while assisting licensed clinicians
now in short supply in many underserved and rural communities.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8464--A
2023-2024 Regular Sessions
IN ASSEMBLY
December 29, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health -- recommitted to the Committee on Mental Health
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the mental hygiene law, in relation to qualified mental
health associates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7.07 of the mental hygiene law is amended by adding
2 a new subdivision (i) to read as follows:
3 (i) The office either directly or through contract, shall develop
4 training, approved educational courses, and a process for issuing
5 credentials to persons meeting the minimum qualifications for a quali-
6 fied mental health associate.
7 (1) A credentialed qualified mental health associate must meet the
8 following minimum qualifications:
9 (i) A high school diploma;
10 (ii)(A) An Associate or Bachelor's degree in a behavioral sciences
11 field; or
12 (B) A combination of at least three years relevant work, education,
13 training or experience; and
14 (iii) Demonstrate the competency necessary to:
15 (A) promote recovery and communicate effectively to service recipients
16 and professionals;
17 (B) understand mental health assessment, treatment and service termi-
18 nology;
19 (C) provide psychosocial skills development;
20 (D) implement interventions included in an individual treatment plan
21 of care;
22 (E) provide behavior management and case management duties; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13776-05-4
A. 8464--A 2
1 (F) provide support services related to crisis stabilization, medica-
2 tion management and health monitoring.
3 (2) The office shall establish procedures for the establishment of
4 appropriate fees, and to issue penalties, or suspend, revoke, or annul
5 such credentials for cause any misconduct, other prohibited acts, or for
6 the unauthorized use of the title qualified mental health associate. The
7 commissioner shall also develop procedures for remedial action which may
8 be used at the discretion of the commissioner.
9 (3) The commissioner shall establish a credentialing board which shall
10 provide advice concerning the credentialing process under this subdivi-
11 sion. The commissioner appointments shall be representative of the
12 diverse mental health field, including but not limited to:
13 (i) consumers of mental health services or persons with lived experi-
14 ence;
15 (ii) individuals who represent underserved populations, including
16 urban and rural areas of the state; and
17 (iii) other credentialed and licensed mental health professionals.
18 (4) The commissioner shall promulgate rules and regulations for the
19 purpose of effectuating the provisions under this subdivision.
20 (5) Nothing in this section shall be interpreted to allow a qualified
21 mental health associate to act in a manner that would require a license,
22 registration, or certification pursuant to title eight of the education
23 law.
24 § 2. Section 7.03 of the mental hygiene law is amended by adding a new
25 subdivision 3 to read as follows:
26 3. "Qualified mental health associate" or "QMHA" means an official
27 designation identifying an individual as one who holds a registered and
28 valid credential issued by the office pursuant to section 7.07 of this
29 article which documents an individual's minimum qualifications to
30 provide services and supports to individuals with a mental illness.
31 Nothing in this subdivision shall be interpreted to allow a qualified
32 mental health associate to act in a manner that would require a license,
33 registration, or certification pursuant to title eight of the education
34 law.
35 § 3. This act shall take effect immediately.
