BILL NUMBER: S9294A
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the penal law, in relation to expanding the definition
of mental health care provider for purposes of certain sex offenses
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend penal law to broaden the definition of mental
health care provider to include additional licenses in relation to
certain sex offenses occurring between the provider and their patient.
 
SUMMARY OF PROVISIONS:
Section 1. This act shall be known and may be cited as "Gittel's law".
§ 2. Subdivision 13 of section 130.00 of the penal law, as amended by
chapter 230 of the laws of 2004, is amended to read as follows:
13. "Mental health care provider" shall mean a licensed physician,
licensed psychologist, registered professional nurse, licensed clinical
social worker  
OR A, licensed master social worker under the super-
vision of a physician, psychologist or licensed clinical social worker
or any other mental health professional or practitioner licensed pursu-
ant to title eight of the education law.
§ 3. This act shall take effect immediately.
 
JUSTIFICATION:
The term "mental health care provider" was defined in 2000 in Article
130.00 subsection 13 of the penal law which deals with sex offenses.
The definition has become restrictive in nature since the subsection was
amended in 2004, which failed to contemplate an expansion of licenses in
the mental health field. This legislation recognizes the growth of
licensed mental health professions and expands the definition to ensure
protection for all emotionally vulnerable patients from being exploited.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9294: 130.00 penal law, 130.00(13) penal law
S9294A: 130.00 penal law, 130.00(13) penal law