HP0541, LD 792, item 1, An Act To Protect Patients from Sexual Exploitation

An Act To Protect Patients from Sexual Exploitation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §251, sub-§1, ¶H is enacted to read:

H. "Health care services provider" means:

(1) A physician licensed under Title 32, chapter 48;

(2) An osteopathic physician licensed under Title 32, chapter 36;

(3) A chiropractor licensed under Title 32, chapter 9;

(4) A physical therapist licensed under Title 32, chapter 45-A;

(5) A physician assistant licensed under Title 32, chapter 48; or

(6) A nurse licensed under Title 32, chapter 31.

Sec. 2. 17-A MRSA §253, sub-§2, ¶I, as repealed and replaced by PL 2011, c. 691, Pt. A, §13, is amended to read:

I. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class C crime;

Sec. 3. 17-A MRSA §255-A, sub-§1, ¶U, as repealed and replaced by PL 2011, c. 691, Pt. A, §14, is amended to read:

U. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;

Sec. 4. 17-A MRSA §255-A, sub-§1, ¶V, as repealed and replaced by PL 2011, c. 691, Pt. A, §15, is amended to read:

V. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

Sec. 5. 17-A MRSA §260, sub-§1, ¶K, as repealed and replaced by PL 2011, c. 691, Pt. A, §16, is amended to read:

K. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor's spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;

summary

Current laws regarding gross sexual assault, unlawful sexual contact and unlawful sexual touching prohibit relationships or contact by a person who is a psychiatrist, a psychologist or licensed as a social worker or a person who purports to be a psychiatrist, a psychologist or licensed as a social worker with a current patient or client. This bill amends the laws regarding gross sexual assault, unlawful sexual contact and unlawful sexual touching by adding additional medical professionals licensed under the Maine Revised Statutes, Title 32 to the list of persons prohibited from having certain relationships or contact with patients and adds the definition of "health care services providers" to Title 17-A, chapter 11. "Health care services providers" includes physicians, osteopathic physicians, chiropractors, physical therapists, physician assistants and nurses.

HP0541 LD 792	Session - 127th Maine Legislature		LR 1297 Item 1
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