S 9858 New York Senate · 2025 Regular Session

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

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.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2026
Committee Review
Jun 2026
Senate Passage
Jun 2026
Assembly Passage
Governor
Introduced Apr 9, 2026 Last action Jun 4, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S9858 S9858A · 2 edits
MINOR
The bill amends the legal definition of a 'mental health care provider' to include individuals who hold themselves out as licensed or provide services as if they were licensed, even if they are not actually licensed. This change broadens the scope of who can be held accountable under sex offense laws by closing a loophole that previously excluded unlicensed practitioners who presented themselves as professionals.
Scope change
The bill expands the definition of 'mental health care provider' to explicitly include unlicensed individuals who represent themselves as licensed or provide services as if they were licensed under specific education law articles.
DEFINITION

The definition of 'mental health care provider' was revised to add language covering people who 'hold themselves out' as licensed or provide services as if licensed, rather than just listing specific licensed titles.

The revised definition now explicitly states that the term applies to anyone who is, is required to be, or holds themselves out as licensed or registered under the specified education law articles.

Floor votes · Senate Jun 4, 2026

How they voted

600
Passed · 3 other
Total votes 63
Jun 4, 2026
D Democratic41
38 Yea 3
92% Yea
R Republican22
22 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
3
Amendments
2
Jun 4, 2026
Committee
REFERRED TO CODES
lower
Jun 4, 2026
Upper · Passed
PASSED SENATE
upper
May 28, 2026
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 6, 2026
Upper · Passed
PRINT NUMBER 9858A
upper
May 6, 2026
Upper · Passed
AMEND AND RECOMMIT TO CODES
upper
Apr 9, 2026
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors

Sponsors