Table 2

Summary of Specific State Laws Addressing Reporting of Psychotherapist Sexual Exploitation Learned During the Course of Treatment

StateLegal StatuteDuty to PatientPenalty for not Following the Law
CaliforniaCal. 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 IslandRI 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.
TexasTex. 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.
VirginiaCode 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.
WisconsinWis. 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.