New York 2025-2026 Regular Session

New York Assembly Bill A10940

Introduced
4/14/26  
Refer
4/14/26  
Report Pass
5/13/26  

Caption

Amends the definition of mental health care provider for purposes of sex offenses to include persons who are, or are required to be, licensed or registered or holds themselves out to be licensed or registered, or provides services as if they were licensed or registered as a physician, psychologist, professional nurse, clinical social worker, master social worker under the supervision of a physician, psychologist or licensed clinical social worker, licensed mental health counselor or a licensed marriage and family therapist.

Impact

The modifications outlined in A10940 will have significant implications for state laws, particularly in how legal proceedings related to sex offenses may involve mental health professionals. By explicitly including a wider range of mental health providers in the statutory definition, the bill aims to ensure that the expertise of various licensed professionals is considered in legal contexts involving sexual offenses. This change is crucial as it may influence the representation and understanding of mental health issues in the adjudication of sex-related crimes.

Summary

Bill A10940 seeks to amend the definition of 'mental health care provider' within the penal law concerning sex offenses. This amendment is intended to clarify and broaden the scope of professionals included in this definition, encompassing those who are either licensed, required to be licensed, or who present themselves as licensed in various mental health fields. This includes licensed physicians, psychologists, social workers, and licensed mental health counselors, among others. The bill reflects a broader initiative to enhance the legal framework surrounding mental health care and its intersection with sex offenses in New York State.

Contention

While the bill is predominantly viewed as a necessary legislation to enhance the protections and definitions associated with mental health care in relation to sex offenses, there may be contention surrounding its specific interpretations and implementations. Some stakeholders may raise concerns regarding the regulation and oversight of these providers or the potential implications on non-licensed individuals providing mental health services. The effectiveness of the bill will largely depend on how these definitions are put into practice and any additional regulatory measures that may need to be established to uphold the standards of care and safety.

Companion Bills

NY S09858

Same As Amends the definition of mental health care provider for purposes of sex offenses to include persons who are, or are required to be, licensed or registered or holds themselves out to be licensed or registered, or provides services as if they were licensed or registered as a physician, psychologist, professional nurse, clinical social worker, master social worker under the supervision of a physician, psychologist or licensed clinical social worker, licensed mental health counselor or a licensed marriage and family therapist.

Previously Filed As

NY S09858

Amends the definition of mental health care provider for purposes of sex offenses to include persons who are, or are required to be, licensed or registered or holds themselves out to be licensed or registered, or provides services as if they were licensed or registered as a physician, psychologist, professional nurse, clinical social worker, master social worker under the supervision of a physician, psychologist or licensed clinical social worker, licensed mental health counselor or a licensed marriage and family therapist.

NY A09170

Requires course work or training in menopausal health for physicians, physician assistants, nurses, mental health practitioners, psychologists and social workers.

NY A10094

Enacts the "licensure incentives and fee-support for testing (LIFT) act"; establishes the social work licensure examination voucher program to provide low-income individuals vouchers to cover the cost of the examination required for licensure as a licensed master social worker or licensed clinical social worker.

NY S09125

Enacts the "licensure incentives and fee-support for testing (LIFT) act"; establishes the social work licensure examination voucher program to provide low-income individuals vouchers to cover the cost of the examination required for licensure as a licensed master social worker or licensed clinical social worker.

NY A11204

Adds licensed mental health counselors and licensed marriage and family therapists to the health and social services practitioners included under the health care proxy law, the family health care decisions act, and nonhospital orders not to resuscitate.

NY A09566

Extends the duration of limited permits to practice licensed clinical social work and use the title licensed clinical social worker, or practice licensed master social work and use the title licensed master social worker from twelve to twenty-four months with the ability to be renewed for up to two additional one-year periods.

NY S09123

Extends the duration of limited permits to practice licensed clinical social work and use the title licensed clinical social worker, or practice licensed master social work and use the title licensed master social worker from twelve to twenty-four months with the ability to be renewed for up to two additional one-year periods.

NY HB1790

Establishing the Future Licensed Clinical Social Workers, Licensed Marriage and Family Therapists and Licensed Professional Counselors Grant Program; and imposing duties on the Pennsylvania Higher Education Assistance Agency.

NY S08363

Requires a rate enhancement for reimbursement of individual psychotherapy services provided by a mental health counselor, a clinical social worker, or a psychologist where such services are provided in an outpatient substance use disorder clinic.

NY A08734

Requires a rate enhancement for reimbursement of individual psychotherapy services provided by a mental health counselor, a clinical social worker, or a psychologist where such services are provided in an outpatient substance use disorder clinic.

Similar Bills

No similar bills found.