BILL NUMBER: S1543

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:

To expand the definition of mental health care provider for purposes of
certain sex offenses committed during a treatment session, consultation,
interview, or examination

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 13 of section 130.00 of the
penal law to add behavior analyst, mental health practitioner, and any
mental health practitioner licensed pursuant to title eight of the
education law to the definition of "mental health care provider."

Section 2 of the bill provides the effective date.
              

 
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's language failed to contemplate an expansion of licenses
in the mental health field, leaving no protection for patients abused by
mental health professionals who received licenses established after the
definition was signed into law. While the definition was recently
amended to include licensed mental health counselors and marriage and
family therapists, there are still several licenses which have yet to be
included. No one licensed by the state to treat patients suffering from
mental health issues should ever be able to use their patients' own
vulnerabilities against them. This bill would expand the definition of
mental health care provider to include behavior analysts, mental health
practitioners, or any mental health professional licensed pursuant to
title eight of the education law.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.