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.