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Assembly Bill A9289

2025-2026 Legislative Session

Relates to reports of substantial risk or threat of harm by mental health professionals

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Current Bill Status - In Assembly Committee

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2025-A9289 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §9.46, Ment Hyg L

2025-A9289 (ACTIVE) - Summary

Exempts police and peace officers receiving treatment from mandatory reporting of substantial risk or threat of harm by mental health professionals, unless the mental health professional determines, based on reasonable professional judgment, that the condition impairs such person's ability to perform their job duties.

2025-A9289 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9289
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced by M. of A. KAY -- read once and referred to the Committee on
   Mental Health
 
 AN  ACT  to  amend  the  mental  hygiene  law, in relation to reports of
   substantial risk or threat of harm by mental health professionals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9.46 of the mental hygiene law is amended by adding
 a new subdivision (e) to read as follows:
   (E)  THE PROVISIONS OF SUBDIVISION (B) OF THIS SECTION SHALL NOT APPLY
 WHERE THE PERSON RECEIVING TREATMENT SERVICES IS A CURRENT SWORN  POLICE
 OFFICER  OR  PEACE  OFFICER AS SUCH TERMS ARE DEFINED IN SECTION 1.20 OF
 THE CRIMINAL PROCEDURE LAW, UNLESS THE MENTAL HEALTH PROFESSIONAL DETER-
 MINES, BASED ON REASONABLE PROFESSIONAL  JUDGMENT,  THAT  THE  CONDITION
 IMPAIRS SUCH PERSON'S ABILITY TO PERFORM THEIR JOB DUTIES.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13924-01-5

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