February 24, 2026 – The New York Mental Health Counselors Association (NYMHCA) is proud to announce that Assembly Bill A5894A, with companion Senate Bill S6912, has officially passed the New York State Assembly and is moving forward in the Senate.
This legislation amends New York’s Workers’ Compensation Law to formally recognize licensed mental health counselors with diagnostic privilege under Article 163 of the Education Law as authorized providers within the workers’ compensation system.
Under current statute, only psychologists and clinical social workers are explicitly identified as eligible providers. This bill corrects that inequity by ensuring that licensed mental health counselors with diagnostic privilege can serve injured workers experiencing work-related mental health conditions, expanding access to care and strengthening New York’s behavioral health workforce.
This legislation is one of NYMHCA’s primary advocacy initiatives during the 2025-2026 legislative session.
“This legislation represents a critical step forward for both our profession and the individuals we serve,” said Steven Perdek, LMHC-D, President of NYMHCA. “Licensed mental health counselors are independently licensed professionals with the necessary education, training, and experience to fulfil this role. Including them in the workers’ compensation system ensures injured workers have access to timely, qualified mental health care across New York State.”
If enacted, the bill would:
- Expand access to behavioral health services for injured workers
- Increase workforce capacity within the workers’ compensation system
- Promote professional parity and statutory recognition
- Strengthen mental health service delivery statewide
On February 11, NYMHCA leadership, including President Steven Perdek and Dr. Tom Murphy, President-Elect of NYMHCA, met directly with state legislators to discuss this legislation and other key policy priorities impacting licensed mental health counselors statewide.
“Engaging directly with lawmakers ensures they understand both the qualifications of our workforce and the real-world impact of statutory barriers,” said Dr. Tom Murphy. “This bill reflects thoughtful policy that strengthens access to care for New Yorkers.”
NYMHCA extends its sincere appreciation to Assembly Member Sam Berger (27th Assembly District) and Senator Christopher J. Ryan (50th Senate District) for their leadership, commitment, and efforts to move this important legislation forward.
“We are grateful for Assembly Member Berger and Senator Ryan’s partnership and dedication to advancing equitable mental health policy,” added Perdek. “Their support demonstrates a strong commitment to ensuring New Yorkers have access to the full scope of qualified mental health professionals.”
In a social media post on Facebook earlier today, Assembly Member Berger said “This bill recognizes the important role these professions play & provides greater access to those seeking compensation for mental injuries.”
Next Steps
With Assembly passage secured, A5894A/S6912 now awaits consideration in the Senate Labor Committee. NYMHCA will remain actively engaged with legislative leaders as the bill advances through the Senate.
Further updates and opportunities for member engagement will be shared as the legislative process continues.
—
About NYMHCA
The New York Mental Health Counselors Association (NYMHCA) is the only statewide professional association representing mental health counselors, advancing the profession through legislative advocacy, accessible continuing education, and a statewide network of regional chapters that connect students, early-career professionals, educators and experienced counselors.
Media Contact:
Steven Perdek, LMHC-D
President, New York Mental Health Counselors Association
sperdek@nymhca.org
