Senate Bill S9858A

                                 
BILL NUMBER: S9858A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to the definition of mental
health care provider for purposes of sex offenses

 
PURPOSE:

This bill expands the definition of a mental health care provider for
the purposes of sex offenses to include individuals who hold themselves
out to be licensed or registered or provide services as if they were
licensed or registered to provide mental health care services, creating
parity with the definition of a health care provider under Penal Law.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 13 of Section 130.00 of the Penal Law to
expand the definition of a mental health care provider to include indi-
viduals who hold themselves out to, be licensed or registered or provide
services as if they were licensed or registered to provide mental health
              

care services. § 2: Effective date.

 
JUSTIFICATION:

Penal Law provides that a patient of a health care provider or mental
health care provider is incapable of consent when sexual conduct occurs
during a treatment session, consultation, interview, or examination.
While the definition of a health care provider includes individuals who
hold themselves out to be licensed or registered or provide services as
if they were licensed or registered health care providers, the defi-
nition for a mental health care provider currently only includes indi-
viduals that are licensed or registered. This discrepancy creates a
dangerous loophole for those that portray themselves to be licensed or
registered or provide services as if they were licensed or registered
mental health care providers, when they are in fact not. This bill clos-
es that loophole by holding all who represent themselves as mental
health care providers to the same standards regardless of actual licen-
sure or registration status, which will create penalty parity with
health care providers in relation to sex offenses.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.