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Senate bill · S9858 (2025-26)

Amends the definition of mental health care provider for purposes of sex offenses

Latest action Jun 4, 2026

New York State Senate

Same as A10940, the matching bill in the Assembly.

Sponsor

Michelle Hinchey

State Senator, District 41 · Democratic/Working Families

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Summary

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.

Summary from NY Open Legislation. How we handle summaries

Amends the Penal Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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Purpose, from the sponsor's memo

This bill expands the definition of a mental health care provider for the purposes of sex offenses to include individuals who hold themselves out to be licensed or registered or provide services as if they were licensed or registered to provide mental health care services, creating parity with the definition of a health care provider under Penal Law.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

Cosponsors

Michael Cashman

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic1

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Michelle Hinchey says this is needed

Penal Law provides that a patient of a health care provider or mental health care provider is incapable of consent when sexual conduct occurs during a treatment session, consultation, interview, or examination. While the definition of a health care provider includes individuals who hold themselves out to be licensed or registered or provide services as if they were licensed or registered health care providers, the defi- nition for a mental health care provider currently only includes indi- viduals that are licensed or registered. This discrepancy creates a dangerous loophole for those that portray themselves to be licensed or registered or provide services as if they were licensed or registered mental health care providers, when they are in fact not. This bill clos- es that loophole by holding all who represent themselves as mental health care providers to the same standards regardless of actual licen- sure or registration status, which will create penalty parity with health care providers in relation to sex offenses.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 4, 2026Result: passed

    (60) (0) (0) (3)

  • Vote: Committee vote · Rules

    Senate RulesMay 28, 2026Result: passed

    (21) (0) (0) (0)

Full history

  1. Jun 4, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 4, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  4. May 28, 2026

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  5. May 28, 2026

    Ordered to Third Reading CAL.1418

    ORDERED TO THIRD READING CAL.1418

    NY Senate

Show full history (5 earlier events)
  1. May 13, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  2. May 6, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Senate

  3. Apr 28, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  4. Apr 14, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  5. Apr 9, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate