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. |