STATE OF NEW YORK ________________________________________________________________________ 6627 2025-2026 Regular Sessions IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to sex offenses involving mental health care providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 13 of section 130.00 of the penal law, as 2 amended by chapter 636 of the laws of 2024, is amended to read as 3 follows: 4 13. "Mental health care provider" [shall mean a licensed physician, 5 licensed psychologist, registered professional nurse, licensed clinical 6 social worker, licensed master social worker under the supervision of a 7 physician, psychologist or licensed clinical social worker, licensed 8 mental health counselor or a licensed marriage and family therapist] 9 means any person who is, or is required to be, licensed or registered or 10 holds themself out to be licensed or registered, or provides services as 11 if they were licensed or registered in the professions of medicine, 12 nursing, psychology, social work, mental health counseling, marriage and 13 family therapy, or psychoanalysis under any of the following: article 14 one hundred thirty, one hundred thirty-one, one hundred thirty-nine, one 15 hundred fifty-three, one hundred fifty-four, or one hundred sixty-three 16 of the education law, or any person who otherwise provides mental health 17 care or life coaching services. 18 § 2. Paragraph (h) of subdivision 3 of section 130.05 of the penal 19 law, as amended by chapter 23 of the laws of 2024, is amended to read as 20 follows: 21 (h) a client or patient and the actor is a health care provider or 22 mental health care provider charged with rape in the third degree as 23 defined in section 130.25, a crime formerly defined in section 130.40, 24 aggravated sexual abuse in the fourth degree as defined in section 25 130.65-a, or sexual abuse in the third degree as defined in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08143-01-5
A. 6627 2 1 130.55, and the act of sexual conduct occurs during a treatment session, 2 consultation, interview, or examination, or, if the treatment is contin- 3 uing in nature, during the course of treatment, whether or not the act 4 of sexual conduct occurs during a treatment session, consultation, 5 interview, or examination; or 6 § 3. This act shall take effect on the ninetieth day after it shall 7 have become a law.