35 hours ago Sec. 81.006. DUTY TO REPORT. (a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the … >> Go To The Portal
(a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:
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SEXUAL EXPLOITATION CAUSE OF ACTION. A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if the patient or former patient suffers, directly or indirectly, a physical, mental, or emotional injury caused by, resulting from, or arising out of:
CIVIL PRACTICE AND REMEDIES CODE CHAPTER 81. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER TITLE 4. LIABILITY IN TORT CHAPTER 81. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER Sec. 81.001. DEFINITIONS. In this chapter:
Sec. 81.005. DEFENSES. (a) It is not a defense to an action brought under Section 81.002 or 81.003 that the sexual exploitation of the patient or former patient occurred: (3) off the premises regularly used by the mental health services provider for the therapy or treatment sessions of the patient or former patient.
Sec. 81.007. LIMITED IMMUNITY FROM LIABILITY. (a) A person who, in good faith, makes a report required by Section 81.006 is immune from civil or criminal liability resulting from the filing of that report. (b) Reporting under this chapter is presumed to be done in good faith.
mental health services. The term includes a person who has contact with a special officer for mental health assignment because of circumstances relating to the person’s mental health.
Section 81.006 - Duty To Report (a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment ...
The Texas Behavioral Health Executive Council is the state agency authorized by state law to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Occupations Code.
Source Note: The provisions of this §465.1 adopted to be effective October 7, 2020, 45 TexReg 7013; amended to be effective June 1, 2021, 46 TexReg 3398The provisions of this §465.1 adopted to be effective October 7, 2020, 45 TexReg 7013; amended to be effective June 1, 2021, 46 TexReg 3398 | | |
Texas State Board of Examiners of Professional Counselors Title 22, Texas Administrative Code, Chapter 681 1 Subchapter C. Code of Ethics. §681.41.
health and safety code. title 7. mental health and intellectual disability. subtitle e. special provisions relating to mental illness and mental retardation
DUTY TO REPORT. (a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:
DAMAGES. (a) A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.
In this chapter: (1) "Mental health services" means assessment, diagnosis, treatment, or counseling in a professional relationship to assist an individual or group in: (A) alleviating mental or emotional illness, symptoms, conditions, or disorders, including alcohol or drug addiction;
LIMITED IMMUNITY FROM LIABILITY. (a) A person who, in good faith, makes a report required by Section 81.006is immune from civil or criminal liability resulting from the filing of that report.
(4) "Sexual contact" means: (A) "deviate sexual intercourse" as defined by Section 21.01, Penal Code;
LIABILITY OF EMPLOYER. (a) An employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages if the patient or former patient is injured as described by Section 81.002and the employer:
A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if the patient or former patient suffers, directly or indirectly, a physical, mental, or emotional injury caused by, resulting from, or arising out of: (1) sexual contact between the patient ...
DUTY TO REPORT. (a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:
If not reported, sexually exploitive psychiatrists and physicians can engage in future harmful behavior, and appropriate regulatory boards may not have been warned or had a chance to intervene. Reporting encourages the profession to maintain integrity through self-policing and helps preserve public trust in the field of mental health .
Florida, 29, 30 Kansas, 31 Nebraska, 32, 33 and Nevada 34, 35 mandate physicians report suspected unethical conduct of other physicians, but they do not allow physicians to break patient confidentiality to do so. The patient holds the right to waive confidentiality, but there are no laws requiring the physician to educate the patient about their option to waive confidentiality to trigger a physician report. The physician would not be able to fulfill the reporting mandate if the patient chooses not to waive confidentiality. Only if the patient waives confidentiality can the physician fulfill the obligation to report the unethical conduct.
Fifty percent of psychologists, 15 17 percent of social workers, 18 and 65 percent of psychiatrists 16 have reported treating at least one patient who has had a prior sexual relationship with a psychotherapist. The data suggest that, in a long career of practicing, many therapists and psychiatrists will be faced with a patient who reports a prior sexual relationship with a previous provider, and the dilemma of reporting colleagues for sexual exploitation of a patient is likely to arise. Mental health professions face competing interests. Is it a provider's duty to protect the autonomy and confidentiality of an individual patient or to report the unethical behavior of another provider to protect other patients and further the social good?
Only five state legislatures created specific laws to address mandated reporting of sexually exploitive mental health providers, including psychiatrists. These states provide clear and unambiguous guidance for providers, but they take varied approaches to weighing the conflicting principles of confidentiality, autonomy, and public safety. These laws reflect three general approaches to balancing social welfare against patient autonomy.
DAMAGES. (a) A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.
In a survey of psychiatrists, more than one third of psychiatrists knew of a psychiatrist who had been sexually involved with patients, but only 8 percent reported the exploitation; however, 56 percent of psychiatrists favored the mandatory reporting of therapist–patient sexual conduct. 16 This discrepancy highlights the complexity of this topic. ...
DUTY TO REPORT. (a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:
DAMAGES. (a) A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.
In this chapter: (1) "Mental health services" means assessment, diagnosis, treatment, or counseling in a professional relationship to assist an individual or group in: (A) alleviating mental or emotional illness, symptoms, conditions, or disorders, including alcohol or drug addiction;
LIMITED IMMUNITY FROM LIABILITY. (a) A person who, in good faith, makes a report required by Section 81.006is immune from civil or criminal liability resulting from the filing of that report.
(4) "Sexual contact" means: (A) "deviate sexual intercourse" as defined by Section 21.01, Penal Code;
LIABILITY OF EMPLOYER. (a) An employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages if the patient or former patient is injured as described by Section 81.002and the employer:
A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if the patient or former patient suffers, directly or indirectly, a physical, mental, or emotional injury caused by, resulting from, or arising out of: (1) sexual contact between the patient ...