SRC-SLL S.B. 542 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 542
By: Barrientos
Criminal Justice
3-25-97
As Filed


DIGEST 

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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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 licensed under Article 4495b, V.T.C.S.
(Medical Practice Act), or a chiropractor licensed under Article 4512b,
V.T.C.S., 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.