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.
STATE OF NEW YORK
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9858
IN SENATE
April 9, 2026
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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:
1 Section 1. Subdivision 13 of section 130.00 of the penal law, as
2 amended by chapter 636 of the laws of 2024, is amended to read as
3 follows:
4 13. "Mental health care provider" [shall mean] means a licensed physi-
5 cian, licensed psychologist, registered professional nurse, licensed
6 clinical social worker, licensed master social worker under the super-
7 vision of a physician, psychologist or licensed clinical social worker,
8 licensed mental health counselor or a licensed marriage and family ther-
9 apist, or any person who holds themself out to be licensed or registered
10 or provides services as if they were licensed or registered under any of
11 the following: article one hundred fifty-three, one hundred fifty-four,
12 or one hundred sixty-three of the education law.
13 § 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
