S4421

The New York State Senate passed S4421, known as Gittel's Law, on a 60-0 vote, expanding the definition of mental health care provider under the Penal Law to include licensed mental health counselors and licensed marriage and family therapists in sex offense cases. Sponsored by Sen. Fernandez, the bill addresses a gap in current law that prevented prosecution of mental health providers who sexually exploit vulnerable patients. Fernandez cited the case of a young woman named Gittel, whose licensed mental health counselor sexually abused her but could not be prosecuted because LMHCs were not explicitly included in the law's definition of mental health care provider. The bill, which takes effect immediately, aims to close this loophole and protect patients seeking mental health treatment from exploitation and harm. Fernandez credited Assemblyman Sam Berger with originating the legislation.