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Committee Substitute House Bill 2205 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2016 regular session

Committee Substitute

for

House Bill 2205

(By Delegates Howell, Stansbury, Ambler, Cooper, Miller, Faircloth, Zatezalo, Blair, Statler and Wagner)

[Introduced January 13, 2016; referred to the
Committee on the Judiciary then Finance]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8F-1 and §61-8F-2, all relating to prohibited sexual contact by psychotherapists; creating the crime of prohibited sexual contact by a psychotherapist and the crime of therapeutic deception; providing elements of the crime; providing exceptions; providing definitions; and providing criminal penalties.


Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §61-8F-1 and §61-8F-2, all to read as follows:

ARTICLE 8F.  SEXUAL OFFENSES CONCERNING PROFESSIONAL MISCONDUCT.


§61-8F-1. Definitions.


In this article, unless a different meaning plainly is required:

            (a) “Client” or “Patient” means a person that is being treated clinically or medically by a psychotherapist for more than one session or initial visit.

            (b) "Psychotherapist" means any of the following:

            (1) A psychiatrist licensed pursuant to article three, chapter thirty of this code;

            (2) A psychologist licensed pursuant to article twenty-one, chapter thirty of this code or medical psychologist licensed pursuant to article three, chapter thirty of this code;

            (3) A licensed clinical social worker licensed pursuant to article thirty, chapter thirty of this code; or

            (4) A mental health counselor licensed pursuant to article thirty-one, chapter thirty of this code.

            (c) "Sexual contact" has the same meaning as provided in article eight-B, chapter sixty-one of this code.

            (d) "Sexual intercourse" has the same meaning as provided in article eight-B, chapter sixty-one of this code.

.

            (e) "Therapeutic deception" means a representation by the psychotherapist to the patient or client that sexual contact or sexual intercourse with the psychotherapist is consistent with or part of the treatment of the patient or client.


§61-8F-2. Prohibited sexual contact by a psychotherapist; exceptions; criminal penalties.

            (a) It is unlawful for any psychotherapist, or any person who fraudulently represents himself or herself as a psychotherapist, to engage in sexual contact or sexual intercourse with a current or former client or patient whose relationship is known to the psychotherapist; Provided, however, That it is not a violation of this section if the sexual contact between the psychotherapist and the former patient or former client occurs more than two years after the termination of the treatment.

            (b) It is unlawful for any psychotherapist, or any person who fraudulently represents himself or herself as a psychotherapist, to engage in sexual contact or sexual intercourse with a client or patient by means of therapeutic deception.

            (c) For purposes of this section, consent of the patient or client is not a defense, regardless of the age of the patient or client.

            (d) Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000.00 or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.(e) Any person who violates subsection (b) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $20,000.00 or imprisoned in a state correctional facility for not less than five nor more than ten years, or both fined and imprisoned.

 

NOTE: The purpose of this bill is to create the felony crime of prohibited sexual contact by a psychotherapist.  The bill provides for elements of the crime, definitions, exceptions, and criminal penalties for the commission of the offense.  Separate penalties are provided for the offense of therapeutic deception.

This article is new; therefore, it has been completely underscored.

 

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