New York Consolidated Laws

N.Y. Mental Hygiene Law § 9.46 (2026)

Reports of substantial risk or threat of harm by mental health professionals

✓ current as of May 2026

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§ 9.46 Reports of substantial risk or threat of harm by mental health
         professionals.
  (a) For purposes of this section, the term "mental health
professional" shall include a physician, psychiatrist, psychologist,
registered nurse, licensed clinical social worker, licensed master
social worker, licensed mental health counselor, clinical nurse
specialist, certified nurse practitioner, licensed clinical marriage and
family therapist, or a licensed professional nurse.
  (b) Notwithstanding any other law to the contrary, when a mental
health professional currently providing treatment services to a person
determines, in the exercise of reasonable professional judgment, that
such person is likely to engage in conduct that would result in serious
harm to self or others, he or she shall be required to report, as soon
as practicable, to the director of community services, or the director's
designee, who shall report to the division of criminal justice services
whenever he or she agrees that the person is likely to engage in such
conduct. Information transmitted to the division of criminal justice
services shall be limited to names and other non-clinical identifying
information, which may only be used for determining whether a license
issued pursuant to section 400.00 of the penal law should be suspended
or revoked, or for determining whether a person is ineligible for a
license issued pursuant to section 400.00 of the penal law, or is no
longer permitted under state or federal law to possess a firearm.
  (c) Nothing in this section shall be construed to require a mental
health professional to take any action which, in the exercise of
reasonable professional judgment, would endanger such mental health
professional or increase the danger to a potential victim or victims.
  (d) The decision of a mental health professional to disclose or not to
disclose in accordance with this section, when made reasonably and in
good faith, shall not be the basis for any civil or criminal liability
of such mental health professional.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2013–2021 · leading case: Montgomery v. Cuomo, 291 F. Supp. 3d 303 (W.D.N.Y. 2018).

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Montgomery v. Cuomo, 291 F. Supp. 3d 303 (W.D.N.Y. 2018). · cites it 3× “Nevertheless, the pleading demands a declaratory judgment "striking *322 down" Mental Hygiene Law § 9.46, an injunction enjoining the enforcement of § 9.”

Matter of Warmouth v. Zuckerman, 138 A.D.3d 752 (N.Y. App. Div. 2016). · cites it 2× “Upon determining that the petitioner was likely to engage in conduct that would result in serious harm to himself or others, the psychiatrist, as mandated by Mental Hygiene Law § 9.46 (b), filed a report with the Westchester County Mental Health Commissioner.”

In re the License to Carry a Pistol Issued to McKay, 52 Misc. 3d 936 (2016). · cites it 2× “This court, by order to show cause dated April 14, 2015, ordered the respondent to appear on May 19, 2015 to show cause why an order should not be made revoking her pistol permit and prohibiting her from possessing a firearm, rifle or shotgun as a result of the court’s receipt…”

In re Douglas L.B., 44 Misc. 3d 241 (2014). · cites it 2× “The court received notification pursuant to Mental Hygiene Law § 9.46 (b) from the New York State Police on September 13, 2013, which necessitated review of the status of the above-referenced pistol license.”

United States v. Lee, 972 F. Supp. 2d 403 (E.D.N.Y 2013). · cites it 2× “subject to electronic monitoring; that Pretrial Services and the government consented to loosen Lee’s conditions of release in May 2013 to permit him to work outside of the home; the other conditions of release; 13 and the fact that New York state law imposes an independent duty…”

Fleischman v. Wyoming Cnty. (W.D.N.Y. 2021). “John Doe(s) assert that N.Y. Mental Hygiene Law § 9.46 provides statutory immunity for those mental health professionals who are required to submit reports pursuant to the law.”

— N.Y. Mental Hygiene Law § 9.46(b) — 1 case

Montgomery v. Cuomo, 291 F. Supp. 3d 303 (W.D.N.Y. 2018). “Nevertheless, the pleading demands a declaratory judgment "striking *322 down" Mental Hygiene Law § 9.46, an injunction enjoining the enforcement of § 9.”

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