Current Legislative Priorities
Our 2025-2026 legislative priorities focus on recognition, scope of practice, workforce development, and equity across New York State.
2025-2026 Legislative Initiatives
Establishing Privileged Communication for Mental Health Counselors and Clients
This initiative seeks to amend New York State law to ensure that conversations between mental health counselors and their clients are protected by privileged communication. Similar to protections afforded to other licensed mental health professionals, this would strengthen client confidentiality and promote trust in the therapeutic relationship, while respecting legal exceptions such as mandatory reporting requirements. [A3906 (Bronson)/S1725 (Brouk)]
Modernization of NYS Laws to Include Mental Health Counselors
We are advocating for updates to state statutes to explicitly recognize licensed mental health counselors (LMHCs), including those with diagnostic privilege, in all relevant areas of the law. This would align the recognition of LMHCs with that of other licensed professionals, ensuring our inclusion in roles related to mental health services, crisis intervention, and integrated healthcare systems.
Inclusion of Mental Health Counselors as Authorized Workers’ Compensation Providers
This legislation would authorize LMHCs with diagnostic privilege to provide treatment for injured workers under New York’s Workers’ Compensation Program. Expanding the provider network to include LMHCs would increase access to mental health care for workers recovering from job-related injuries and promote holistic healing. [A5894 (Berger)/S6912 (Ryan C.)]
Supervision Authority for LMHCs with Diagnostic Privilege
We are proposing statutory and regulatory changes to allow LMHCs with diagnostic privilege to supervise licensed master social workers (LMSWs) who are gaining supervised experience required for clinical licensure. Additionally, in collaboration with licensed marriage and family therapists (LMFTs), we are advocating for regulatory changes to allow LMHCs to supervise limited permit holders in marriage and family therapy. This would expand the pool of qualified supervisors and foster collaborative, interdisciplinary approaches to clinical training. [A780 (Berger)/S6999 (Stavisky)]
Funding for LMHC Education to Attain Diagnostic Privilege
Affordability is an important component to the growth of our profession; therefore, we are advocating for funding to subsidize or fully cover tuition at SUNY and CUNY institutions for licensed mental health counselors to complete additional coursework required for diagnostic privilege. Additionally, we are advocating for the elimination of the Office of the Professions renewal fee for diagnostic privilege, reducing the cost associated with licensed mental health counselors’ triennial renewals.
Eliminate the Restriction of Co-Ownership of Business Entities for Mental Health Professions
Current laws prevent mental health counselors from jointly owning practices with professionals in other mental health disciplines, creating unnecessary barriers to collaboration within the mental health field. Removing these restrictions will allow mental health professionals to build multidisciplinary practices, expand access to specialized care, and offer clients more comprehensive and coordinated treatment options. This change will modernize outdated regulations and better reflect the collaborative nature of mental health care today.
Diagnostic Testing Authority for LMHCs with Diagnostic Privilege
It is NYMHCA’s position that LMHCs with diagnostic privilege and the necessary training and experience have the authority to utilize and interpret psychological assessment and testing tools for diagnosing conditions such as ADHD, Autism Spectrum Disorder, and other mental health disorders. NYMHCA will explore ways to affirm this authority, empowering counselors to deliver more comprehensive, evidence-based care and streamline the diagnostic process.
Breaking Down The Counseling Compact
Please note, this information is up-to-date as of April 2026
The Counseling Compact is an exciting development in the field of Mental Health Counseling, and we are following its progress.
At this time, NYMHCA is taking a “watch and wait” position on the Counseling Compact. There are a few reasons for this:
- New York is unlikely to pass the legislation needed to enter the Counseling Compact.
- New York has not participated in any extant compacts. These include compacts for nursing, psychology, and medicine. It is unlikely the legislature will consider participating in a compact for Counselors or Social Workers.
The Counseling Compact is live for licensees in Arizona, Minnesota, and Ohio. NYMHCA has not set a legislative priority for participation in the Counseling Compact for these reasons:
- Because New York has never joined a compact, it is unlikely the legislature will consider participating in the Counseling Compact.
- Counselors in the state of Oregon lobbied against participating in the Compact. They pointed out that counselors from less expensive states could undercut the necessary rates counselors set to sustain their businesses. New York counselors may face the same pricing issue if they are competing with low-cost states like Mississippi or South Dakota.
What is the Counseling Compact?
The Counseling Compact is an interstate compact, or a contract among participating states, that allows professional counselors licensed and residing in a compact member state to practice in other compact member states without obtaining multiple licenses.
Individuals in Counseling Compact states may apply for the privilege to practice in other states participating in the compact. Privilege must be applied for in each individual state, and there may be a requirement to join, including passing a jurisprudence examination and paying a fee.
To participate in the compact, a practitioner must join via their home state license. A license from a state other than the home state does not qualify.
