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

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 S03760

Expands the definition of mental health care provider for the purposes of the penal law; expands the conditions under which a person is deemed incapable of consent.

NY A06627

Expands the definition of mental health care provider for the purposes of the penal law; expands the conditions under which a person is deemed incapable of consent.

NY S01543

Expands the definition of mental health care provider to include licensed psychoanalysts, creative arts therapists and behavior analysts for purposes of certain sex offenses committed during a treatment session, consultation, interview, or examination.

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 A05894

Defines mental health practitioners with diagnostic authority for the purposes of providing services under the workers' compensation law; includes such practitioners as providers.

NY S06912

Defines mental health practitioners with diagnostic authority for the purposes of providing services under the workers' compensation law; includes such practitioners as providers.

NY A09167

Allows discretion in requiring sex offender registration for persons convicted of certain sex offenses in other states; amends the definition of a sexually violent offense.

NY A02726

Includes both the birth family and the foster family of children in foster care, and other families receiving child welfare services from the authorized agency or the local departments of social services in the case of authorized agencies in the definition of family for purposes of services provided by voluntary foster care agency health facilities.

NY S09237

Includes both the birth family and the foster family of children in foster care, and other families receiving child welfare services from the authorized agency or the local departments of social services in the case of authorized agencies in the definition of family for purposes of services provided by voluntary foster care agency health facilities.

NY A09050

Defines "mental health clubhouse"; provides that the department of health, in consultation with the office of mental health, shall authorize Medicaid reimbursement for services provided by mental health clubhouses.

Similar Bills

No similar bills found.