Assembly Member Sam Berger and Senator Nathalia Fernandez have championed a groundbreaking piece of legislation aimed at protecting mental health patients from sexual abuse by their providers.
The legislation, known as Gittel’s Law, was signed into law by Gov. Kathy Hochul on Dec. 21. It broadens New York State’s penal code to include new categories of licensed mental health providers and imposes criminal penalties for sex offenses committed during treatment.
The legislation addresses a critical gap in existing laws. While the state’s penal code had been updated in 2000 to criminalize sexual abuse by certain mental health professionals, it did not account for the rapid growth in the types of licensed providers over the past two decades. Gittel’s Law remedies this oversight by ensuring that all patients seeking mental health care are protected under the law.
Assembly Member Berger represents the Queens neighborhoods of Kew Gardens Hills, Fresh Meadows, and Briarwood. “I am proud to announce that Gittel’s Law has officially been signed into New York State law,” said Berger. “I want to express my gratitude to Amudim for advocating for victims like Gittel, and to Senator Fernandez for her steadfast partnership in ensuring that mental health patients seeking treatment are safeguarded against abuse. Thank you to Governor Hochul and my colleagues in the state legislature for recognizing the urgency of this matter and moving quickly to enact this legislation in just six weeks. This is justice for Gittel, and for all patients seeking the safe treatment they need and deserve.”
Senator Fernandez, whose district includes the Bronx neighborhoods of Morris Park, Pelham Parkway, and Bedford Park, echoed Berger’s sentiments. “Gittel’s Law is a powerful step forward in ensuring that no patient seeking mental health care is left vulnerable to exploitation,” said Fernandez. “By closing this critical loophole, we are expanding protections for patients and holding all mental health providers accountable under the law. I am grateful to Amudim for their tireless advocacy, Assemblyman Berger for his partnership, and Gov. Hochul for swiftly signing this legislation into law. Together, we are reaffirming the right of every New Yorker to access safe and ethical mental health care.”
The new law was celebrated during a presentation at Amudim, a New York-based mental health support organization that played a pivotal role in advocating for its passage. The legislation adds licensed mental health counselors (LMHCs) and licensed marriage and family therapists (LMFTs) to the list of providers held accountable under Article 130 of the state penal law.
The significance of Gittel’s Law extends beyond legal reform, sending a strong message of support to survivors of abuse. Zvi Gluck, CEO of Amudim, emphasized the impact of the legislation on the broader community. “On behalf of survivors everywhere, we say thank you,” said Gluck. “This is more than just a law; it sends a clear message that our community, elected officials, and government truly care. Thank you to Assemblyman Berger for taking this so seriously and working so hard, and to Senator Fernandez for doing the same. It is public servants like you that truly make a difference.”
The swift enactment of Gittel’s Law underscores the urgency of addressing the vulnerabilities of patients seeking mental health care. By closing loopholes in the penal code, the law ensures that all licensed mental health providers are held to the same ethical and legal standards.
Gittel’s Law is named in honor of a survivor whose courage and advocacy inspired the legislation. Gittel, a pseudonym used to protect her identity, endured sexual abuse by a mental health provider and fought to bring attention to the gaps in the legal system that allowed such exploitation to go unpunished. Her story galvanized lawmakers and organizations like Amudim to push for change, ensuring that no other patient would face similar vulnerabilities without legal recourse. Naming the law after her serves as a tribute to her bravery and a reminder of the importance of protecting those seeking care.
Kcassman