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Senate Bill S9858

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Codes Committee

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2025-S9858 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L

2025-S9858 (ACTIVE) - Summary

Amends the definition of mental health care provider for purposes of sex offenses to include persons who hold themself out to be, or provide services as if they were, licensed or registered as a psychologist, social worker, or mental health practitioner.

2025-S9858 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9858
 
                             I N  S E N A T E
 
                               April 9, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee 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

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