Article Figures & Data
Tables
- Table 1
States with Laws Outlawing Psychiatrist–Patient and Psychotherapist–Patient Sexual Relationships
State Legal Statute Banning Relationship Term Used in Law for Therapist Alaska AS § 11.41.420 (2018) Health care worker Arizona Az. Rev. Stat. § 13-1418 (2019) Behavioral health professional California Cal. Bus. & Prof. Code § 729 (2019) Physician and surgeon, psychotherapist Colorado C.R.S. 18-3-405.5 (2018) Psychotherapist Connecticut Conn. Gen. Stat. § 53a-71 (2019) Psychotherapist Delaware 11 Del C. § 761 (2019) Health professional District of Columbia D.C. Code § 22-3015 (2019) Professional services of a medical or counseling nature Florida Fla. Stat. § 491.0112 (2019) Psychotherapist Georgia O.C.G.A § 16-6-5.1 (2018) Practitioner of psychotherapy Idaho Idaho Code § 18-919 (2019) Medical care provider, physician, psychotherapist Illinois 740 ILCS 140 (2019) Psychotherapist Iowa Iowa Code § 709.15 (2018) Counselor or therapist Maine 17-A M.R.S. § 253 (2019) Psychiatrist, psychologist, or licensed as a social worker Michigan MCLS § 750.520e (2019) Mental health professional Minnesota Minn. Stat. § 609.344 (2019) Psychotherapist New Hampshire RSA 632-A (2019) Actor provides therapy New Mexico N.M. Stat. Ann. § 30-9-10; 30-9-11 (2019) Psychotherapist New York NY CLS Penal § 130.05 (2019); NY CLS Educ § 6530.44 (2019) Health care provider or mental health care provider; in the practice of psychiatry North Carolina N.C. Gen. Stat. § 90-21.41 (2019) Psychotherapist North Dakota N.D. Cent. Code § 12.1-20.06.1 (2019) Therapist Ohio ORC Ann. 2907.03 (2018) Mental health professional South Dakota S.D. Codified Laws § 22-22-28, 22-22-29 (2019) Psychotherapist Tennessee Tenn. Code Ann. § 29-26-201 (2019) Therapist Texas Tex. Penal Code § 22.011 (2017) Mental health services provider Utah Utah Code Ann. § 76-5-406 (2018) Health professional Washington WAC 246-16-100 (2019) Health care provider Wisconsin Wis. Stat. § 940.22 (2019) Physician, therapist - Table 2
Summary of Specific State Laws Addressing Reporting of Psychotherapist Sexual Exploitation Learned During the Course of Treatment
State Legal Statute Duty to Patient Penalty for not Following the Law California Cal. Bus. & Prof. Code § 728. (2019) Must provide and discuss with the patient a brochure published by the state that delineates the rights and remedies for patients who have been involved sexually with their psychotherapists. Failure to comply with this section constitutes unprofessional conduct. Rhode Island RI Gen. Laws Ann. § 5-63.1-2 (2019) Practitioner must ask if patients wants to make a report and must make a report if the patient says yes. Any person required to make a written report under this section who fails to do so shall be punished by a fine of not more than five hundred dollars ($500) and shall be subject to discipline by the appropriate licensing board of registration or equivalent oversight authority. Texas Tex. Civ. Prac. & Rem. Code § 81.006 (2017) Clinician has a duty to report. Clinician must inform the patient of this duty and determine whether the patient wants to be anonymous in the report. Subject to disciplinary action by that person's appropriate licensing board and also commits an offense. An offense under this subsection is a Class C misdemeanor. Virginia Code of Virginia § 54.1-2400.4 (2019) The clinician must advise the patient of the patient's right to report such misconduct to the Department of Health Professions. The clinician must provide the department's toll-free complaint hotline number for consumer complaints and explain how to file a report. Civil penalty not to exceed $100. Wisconsin Wis. Stat. § 940.22 (2019) The therapist must explain to the patient the violation that occurred and ask if the patient would like the clinician to file a report. If the patient would like to make a report, the therapist must file a report to the respective licensing department of the sexually exploitive therapist and the district attorney within 30 days. Guilty of a Class A misdemeanor. - Table 3
Summary of the Medical Board Policies, Rules, and Laws by State Regarding Mandatory Reporting by Psychiatrists of Sexually Exploitive Therapists, as Discovered During Treatment of a Patient
State Official Mandated Reporter Policy Standard for Reporting According to the Statute Alabama No official mandated reporting, per medical board N/A Alaska Mandated to report, 12 AAC 40.967 (2019) Facts known to the licensee regarding incompetent conduct as defined by Alaska Stat. § 08.64.326 (2019) Arizona Mandated to report, A.R.S. § 32-3251 (2019) Any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of medicine Arkansas No official mandated reporting N/A California No official mandated reporting, per medical board See Cal. Bus. & Prof. Code § 729. (2019) Colorado Mandated to report, C.R.S. 12-36-118 (2018) Duty to report to the board any licensee known, or upon information and belief, to have violated any of the provisions of C.R.S. 12-36-117(1) Connecticut Mandated to report, Conn. Gen. Stat. §20-13d (2019) Has any information which appears to show that a physician is or may be unable to practice medicine with reasonable skill or safety for any of the reasons listed in Conn. Gen. Stat. § 20-13c Delaware No official mandated reporting, per medical board N/A District of Columbia No official mandated reporting N/A Floridaa No official mandated reporting N/A Georgia No official mandated reporting N/A Hawaiib No official mandated reporting N/A Idaho Mandated to report, Idaho Code § 54-1818 (2019) Possessing knowledge of a violation of Idaho Code § 54-1814 (2019) by any other physician and surgeon licensed to practice medicine Illinois No official mandated reporting N/A Indianac Mandated to report, 844 IAC 5-2-8 (2019) Personal knowledge based upon a reasonable belief that another practitioner holding the same license has engaged in illegal, unlawful, incompetent or fraudulent conduct in the practice of medicine Iowa Mandated to report, IAC § 653-22.2 (2019) Knowledge means any information or evidence of reportable conduct acquired by personal observation, from a reliable or authoritative source, or under circumstances causing the licensee to believe that wrongful acts may have occurred. Kansasd No official mandated reporting N/A Kentucky No official mandated reporting N/A Louisiana No official mandated reporting, per medical board N/A Maine Mandated to report, 24 M.R.S. § 2505 (2019) Reasonable knowledge of acts of the physician … amounting to gross or repeated medical malpractice … that endangers the health or safety of patients, professional incompetence, unprofessional conduct, or sexual misconduct identified by board rule Marylandb No official mandated reporting N/A Massachusetts Mandated to report, ALM GL ch. 112, § 5F (2019) … shall report to the board any person who there is reasonable basis to believe is in violation of section five, or any of the regulations of the board Michigan Mandated to report, MCLS § 333.16222 (2019) Knowledge that another licensee or registrant has committed a violation under § 16221, article 7, or article 8 Minnesota Mandated to report, Minn. Stat. Ann. § 147.111 (2019) Personal knowledge of any conduct which the person reasonably believes constitutes grounds for disciplinary action under § 147.01 to 147.22 Mississippi No official mandated reporting N/A Missouri No official mandated reporting N/A Montanae Mandated to report, MCA 37-3-401 (2019) … shall … report to the board any information that appears to show that … a physician is guilty of unprofessional conduct Nebraskaf No official mandated reporting N/A Nevadag No official mandated reporting N/A New Hampshire No official mandated reporting, per medical board N/A New Jersey Mandated to report, N.J.S.A. 45 1-37 (2019) If that health care professional is in possession of information which reasonably indicates that another health care professional has demonstrated an impairment, gross incompetence, or unprofessional conduct New Mexico No official mandated reporting N/A New York Mandated to report NY CLS Pub Health § 230 (2019) Any information … which reasonably appears to show that a licensee is guilty of professional misconduct North Carolina No clear mandated reporting, per medical board Per North Carolina medical board, reporting would “depend on each individual case.” North Dakota No official mandated reporting N/A Ohioh No official mandated reporting N/A Oklahoma Mandated to report Oklahoma § 435 10-7-4 (2019) Unprofessional conduct includes failure to report to the Board unprofessional conduct committed by another physician. Oregon Mandated to report, ORS § 676.150 (2018) Reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct Pennsylvania No official mandated reporting, per medical board N/A Rhode Island Mandated reporting at the request of the patient See Table 2 and RI Gen. Laws Ann. § 5-63.1-2 (2019) South Carolina No official mandated reporting, per medical board N/A South Dakotab No official mandated reporting, per medical board N/A Tennessee No official mandated reporting, per medical board N/A Texas Mandated to report Tex. Civ. Prac. & Rem. Code § 81.006 (2017) If the patient reports any sexual contact with a previous provider, clinician must report. Utah Mandated to report, as per Utah medical board citing Utah Code 26-23a-2 (2018) and Utah Rule R156–67 (2019) Any health care provider who treats or cares for any person who has any … injury inflicted by … violation of any criminal statute of this state (referable to Utah Criminal Code 76-5-406 (2019) Vermont No official mandated reporting N/A Virginia No official mandated reporting See Code of Virginia § 54.1-2400.4 (2019) Washington No official mandated reporting N/A West Virginia Mandated to report W. Va. Code § 30-3-14 (2019) Report to the board any act of gross misconduct committed by another licensee of the board Wisconsin Mandated reporting at the request of the patient; see Wis. Stat. § 940.22 (2019) See Table 2 and Wis. Stat. § 940.22 (2019) Wyoming No official mandated reporting, per medical board N/A ↵a In Florida, a physician must report a sexually exploitive colleague if aware of misconduct, unless that information was uncovered during a treatment session as per Fla. Stat. § 456.059 (2018). Psychiatrists must maintain patient confidentiality.
↵b Practitioners in Hawaii, South Dakota, and Maryland are encouraged to report sexually exploitive colleagues and are by law allowed, but not required, to break patient confidentiality to do so.
↵c In Indiana, the law only requires mandated reporting to a peer-review committee, but not to the medical board.
↵d In Kansas, a physician must report a sexually exploitive colleague if aware of misconduct, but K.S.A. § 65-4923 (2019) specifically states “[t]his subsection shall not be construed to modify or negate the physician–patient privilege, the psychologist–client privilege, or the social worker–client privilege as codified by Kansas statutes.” Furthermore, a report may only be made based on “direct involvement or observation of the incident.”
↵e In Montana, only psychiatrists are mandated to report sexually exploitive behavior. A psychologist shall only report it with written permission of the client as per ARM 24.189.2305 (2019).
↵f In Nebraska, a physician must report a sexually exploitive colleague if aware of misconduct as per R.R.S. Neb. § 38-1,125 (2019); these reports, however, only apply to “first-hand knowledge of the facts,” and Neb. Rev. Stat. § 27-504 (2019) protects information learned from a patient during a course of treatment.
↵g In Nevada, a physician must report a sexually exploitive colleague if aware of misconduct as per Nev. Rev. Stat. Ann § 630.3062 (2019), but NRS § 49.215 (2019) protects communication between the doctor and patient through a privilege held by the patient.
↵h While the state has no mandated reporting, Ohio § 4731.22(F)(S) says anyone “may” report.
