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Assembly Bill A10940A

2025-2026 Legislative Session

Amends the definition of mental health care provider for purposes of sex offenses

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Bill Amendments

2025-A10940 - Details

See Senate Version of this Bill:
S9858
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L

2025-A10940 - Summary

Amends the definition of mental health care provider for purposes of sex offenses to include persons who are, or are required to be, licensed or registered or holds themselves out to be licensed or registered, or provides services as if they were licensed or registered as a physician, psychologist, professional nurse, clinical social worker, master social worker under the supervision of a physician, psychologist or licensed clinical social worker, licensed mental health counselor or a licensed marriage and family therapist.

2025-A10940 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10940
 
                           I N  A S S E M B L Y
 
                              April 14, 2026
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to the definition  of  mental
   health care provider for purposes of sex offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 13 of section  130.00  of  the  penal  law,  as
 amended  by  chapter  636  of  the  laws  of 2024, is amended to read as
 follows:
   13. "Mental health care provider" [shall mean] MEANS a licensed physi-
 cian, licensed psychologist,  registered  professional  nurse,  licensed
 clinical  social  worker, licensed master social worker under the super-
 vision of a physician, psychologist or licensed clinical social  worker,
 licensed mental health counselor or a licensed marriage and family ther-
 apist, OR ANY PERSON WHO HOLDS THEMSELF OUT TO BE LICENSED OR REGISTERED
 OR PROVIDES SERVICES AS IF THEY WERE LICENSED OR REGISTERED UNDER ANY OF
 THE  FOLLOWING: ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR,
 OR ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15385-01-6

2025-A10940A (ACTIVE) - Details

See Senate Version of this Bill:
S9858
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L

2025-A10940A (ACTIVE) - Summary

Amends the definition of mental health care provider for purposes of sex offenses to include persons who are, or are required to be, licensed or registered or holds themselves out to be licensed or registered, or provides services as if they were licensed or registered as a physician, psychologist, professional nurse, clinical social worker, master social worker under the supervision of a physician, psychologist or licensed clinical social worker, licensed mental health counselor or a licensed marriage and family therapist.

2025-A10940A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10940--A
 
                           I N  A S S E M B L Y
 
                              April 14, 2026
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to the definition of mental
   health care provider for purposes of sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  13  of  section  130.00 of the penal law, as
 amended by chapter 636 of the laws  of  2024,  is  amended  to  read  as
 follows:
   13.  "Mental  health  care provider" [shall mean] MEANS ANY PERSON WHO
 IS, OR IS REQUIRED TO BE, LICENSED OR REGISTERED OR HOLDS  THEMSELF  OUT
 TO  BE  LICENSED  OR  REGISTERED,  OR  PROVIDES SERVICES AS IF THEY WERE
 LICENSED OR REGISTERED AS a licensed physician,  licensed  psychologist,
 registered professional nurse, licensed clinical social worker, licensed
 master  social worker under the supervision of a physician, psychologist
 or licensed clinical social worker, licensed mental health counselor  or
 a  licensed  marriage  and  family therapist UNDER ANY OF THE FOLLOWING:
 ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, OR ONE  HUNDRED
 SIXTY-THREE OF THE EDUCATION LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15385-02-6

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