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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil liability of an employer or former employer of |
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a mental health services provider who engages in sexual |
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exploitation of a patient or former patient. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (b), Section 81.003, Civil |
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Practice and Remedies Code, are amended to read as follows: |
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(a) An employer of a mental health services provider is |
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liable to a patient or former patient of the mental health services |
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provider for damages if the patient or former patient is injured as |
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described by Section 81.002 and the employer: |
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(1) fails to make inquiries of an employer or former |
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employer, whose name and address have been disclosed to the |
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employer and who employed the mental health services provider as a |
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mental health services provider within the five years before the |
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date of disclosure, concerning the possible occurrence of sexual |
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exploitation by the mental health services provider of patients or |
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former patients of the mental health services provider; or |
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(2) knows or has reason to know that the mental health |
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services provider engaged in [the] sexual exploitation of a [the] |
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patient or former patient and the employer failed to: |
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(A) report the suspected sexual exploitation as |
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required by Section 81.006; or |
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(B) take necessary action to prevent or stop the |
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sexual exploitation by the mental health services provider. |
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(b) An employer or former employer of a mental health |
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services provider is liable to a patient or former patient of the |
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mental health services provider for damages if the patient or |
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former patient is injured as described by Section 81.002 and the |
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employer or former employer: |
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(1) knows of the occurrence of [the] sexual |
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exploitation by the mental health services provider of a [the] |
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patient or former patient; |
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(2) receives a specific request by an employer or |
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prospective employer of the mental health services provider, |
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engaged in the business of providing mental health services, |
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concerning the possible existence or nature of sexual exploitation |
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by the mental health services provider; and |
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(3) fails to disclose the occurrence of the sexual |
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exploitation. |
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SECTION 2. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect on the date the cause of |
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action accrues, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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* * * * * |