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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9289
SPONSOR: Kay TITLE OF BILL:
An act to amend the mental hygiene law, in relation to reports of
substantial risk or threat of harm by mental health professionals
PURPOSE:
Remove barriers for law enforcement officers to seek mental health
services.
SUMMARY OF PROVISIONS:
Section 1 amends section 9.46 of the mental hygiene law by adding a new
subdivision (e)
Section 2 establishes the effective date.
JUSTIFICATION:
Law enforcement officers and peace officers may hide their battles with
mental illness because the very act of seeking help can put their jobs
in jeopardy. We can't say "it's ok to not be ok" to these officers when
acknowledging their struggles may be enough to threaten their liveli-
hood.
Everyone deserves to feel comfortable asking for help, especially our
dedicated officers who work in the most stressful, high-pressure envi-
ronments. Mental health issues are complex, and they should not come
with cookie-cutter consequences or one-size-fits-all solutions.
We need to empower the professionals who see these cases every day to
determine the best course of action when an officer comes to them for
help. Once enacted, this measure will allow mental health professionals
to treat these members of law enforcement without fear that seeking the
support they need could unreasonably cost them their jobs
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9289
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 9.46 of the mental hygiene law is amended by adding
2 a new subdivision (e) to read as follows:
3 (e) The provisions of subdivision (b) of this section shall not apply
4 where the person receiving treatment services is a current sworn police
5 officer or peace officer as such terms are defined in section 1.20 of
6 the criminal procedure law, unless the mental health professional deter-
7 mines, based on reasonable professional judgment, that the condition
8 impairs such person's ability to perform their job duties.
9 § 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
