Bill

Bill > HB860


MS HB860

MS HB860
Therapists; create a felony for those who have sexual contact with patients.


summary

Introduced
01/16/2025
In Committee
01/16/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Create New Section 97-3-102, Mississippi Code Of 1972, To Provide A Crime For A Therapist Who Engages In Sexual Contact With A Patient; To Amend Section 97-3-95, Mississippi Code Of 1972, To Include The Term "therapist" In The Provision Of Law That Regulates The Crime Of Sexual Battery; To Amend Section 73-54-29, Mississippi Code Of 1972, To Add Engaging In Sexual Contact With A Patient To The Grounds For Disciplinary Action Of Marriage And Family Therapists; To Amend Section 73-53-17, Mississippi Code Of 1972, To Add Engaging In Sexual Contact With A Patient To The Grounds For Disciplinary Action Of Social Workers; To Amend Section 73-30-21, Mississippi Code Of 1972, To Add Engaging In Sexual Contact With A Patient To The Grounds For Disciplinary Action Of Licensed Professional Counselors; To Amend Section 73-31-21, Mississippi Code Of 1972, To Add Engaging In Sexual Contact With A Patient To The Grounds For Disciplinary Action Of Psychologists; To Amend Section 73-25-29, Mississippi Code Of 1972, To Add Engaging In Sexual Contact With A Patient To The Grounds For Disciplinary Action Of Physicians; To Bring Forward Section 97-3-97, Mississippi Code Of 1972, Which Provides Definitions For The Crime Of Sexual Battery; To Bring Forward Section 97-3-101, Mississippi Code Of 1972, Which Provides The Penalties For The Crime Of Sexual Battery; To Provide Additional Immunity For Any Person Who, In Good Faith, Reports Abuse, Neglect Or Commercial Sexual Exploitation; To Require Any Person Or Entity Who Learns That An Adult Was Abused As A Child By A Person Who Was Or Is Associated With The Person Or Entity; To Provide Immunity To Such Person For Reporting; To Amend Sections 43-21-353 And 97-3-54.1, Mississippi Code Of 1972, To Provide Immunity For The Reporter Of Sexual Abuse Which May Be Incurred As A Result Of Reporting; To Bring Forward Section 97-5-51, Mississippi Code Of 1972, Which Provides For Mandatory Reporting, For Purposes Of Amendment; And For Related Purposes.

AI Summary

This bill creates a comprehensive legal framework to criminalize sexual contact between therapists and their patients in Mississippi. It establishes a new felony offense where any therapist who engages in sexual contact with a patient or former patient can be punished by up to five years in prison and/or a fine of up to $10,000. The bill defines "sexual contact" broadly, including various forms of physical touching and sexual penetration, and explicitly states that patient consent is not a defense to this crime. The legislation also amends multiple existing state laws to add this specific violation as grounds for professional disciplinary action across various health and mental health licensing boards, including those for physicians, psychologists, social workers, counselors, and marriage and family therapists. Additionally, the bill provides immunity to individuals who report abuse or sexual misconduct in good faith, protecting those who come forward with information about sexual abuse. The provisions apply to both current and former patients (defined as those who received services within 12 months of the therapeutic relationship ending) and cover a wide range of mental health service providers. The bill aims to protect patients from sexual exploitation by establishing clear legal consequences for therapists who abuse their professional position of trust.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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