AEZ S.B. 542 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 542
By: Barrientos (Naishtat)
5-15-97
Committee Report (Amended)


BACKGROUND 

Currently, the law provides that a sexual assault is committed without the
consent of another person if a mental health provider causes a patient or
a former patient to submit or participate in a sexual act by exploiting
that person's emotional dependence on the mental health care provider.
However, current law does not extend similar penalties to other health
care professionals who sexually exploit their patients or former patients.
It is also unclear as to when certain licensed physicians become "mental
health providers."  This bill will expands the definition of "mental
health provider" to include all physicians licensed under the Medical
Practice Act. 

PURPOSE

As proposed, S.B. 542 provides for the prosecution for sexual assault of
certain doctors who cause a patient or former patient to submit or
participate by exploiting the other person's emotional dependency.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.011(b), Penal Code, to provide that a sexual
assault under Subsection (a)(1) is without the consent of the other person
if the actor is a physician, chiropractor, licensed vocational nurse,
physical therapist, physician's assistant, registered nurse, or advanced
practice nurse, licensed under various statutes, who causes the other
person, who is a patient or former patient of the actor, to submit or
participate by exploiting the other person's emotional dependency on the
actor. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.



EXPLANATION OF AMENDMENTS

Section 22.011 (b)(9) is amended to include "or a health care services
provider." The amendment deletes language from Section 22.011(b)(9) and
moves it to a  new subsection (3) under Section 22.011(c), Penal Code,
defining a health care services provider.