New York 2025-2026 Regular Session

New York Senate Bill S09858

Introduced
4/9/26  

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 implications of this bill are profound, particularly as it enhances the legal framework surrounding mental health care providers and their responsibilities. By broadening the definition to include those who might impersonate licensed professionals, the bill aims to strengthen legal measures against individuals who exploit vulnerable populations. This could potentially lead to greater protections for clients seeking mental health services, as the law will now cover a wider range of unauthorized practices.

Summary

Bill S09858 aims to amend the penal law in New York by expanding the definition of 'mental health care provider' for the purposes of sex offenses. The bill is designed to include individuals who represent themselves as licensed or registered mental health professionals, even if they do not hold the appropriate credentials. This change is particularly significant in the context of preventing sex offenses, as it seeks to close gaps in accountability for those who provide mental health services without proper licensing.

Contention

While the bill is largely seen as a protective measure, it may also lead to debates about the balance between accessibility to mental health services and the need for regulation. Critics might argue that the expanded definition could deter individuals from providing support or lead to unintended consequences for legitimate practitioners caught in the crossfire. The discussions around this bill could further explore the implications of licensure and the challenges faced in the mental health field, particularly in rural or underserved areas where mental health professionals are scarce.

Companion Bills

NY A10940

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 A10940

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 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 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 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.