Maine LD 792: An Act To Protect Patients from Sexual Exploitation

LD 792 (subjects: CRIMES , SEX OFFENSES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=792&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. David Sawicki of Auburn: (R – District 64) — e-mail | Facebook

9 Cosponsors:

Actions

Chamber

Action
3/10/2015 House Committee on Criminal Justice and Public Safety suggested and ordered printed.
The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/11/2015 Senate On motion by Senator Rosen of Hancock, REFERRED to the Committee on Criminal Justice and Public Safety, in concurrence.
6/1/2015 House Reports READ.
Motion of Representative FOWLE of Vassalboro to ACCEPT the Majority Ought Not to Pass Report FAILED.
ROLL CALL NO. 123
(Yeas 67 – Nays 78 – Absent 6 – Excused 0)
Subsequently, on motion of Representative FOWLE of Vassalboro the Minority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE.
Committee Amendment “A” (H-221) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-221).
Sent for concurrence. ORDERED SENT FORTHWITH.
6/2/2015 Senate Reports READ
On motion by Senator ROSEN of Hancock Tabled until Later in Today’s Session, pending ACCEPTANCE OF EITHER REPORT
Unfinished Business
6/3/2015 Senate Unfinished Business
6/4/2015 Senate Unfinished Business
6/5/2015 Senate Unfinished Business
6/8/2015 Senate Unfinished Business
6/9/2015 Senate Unfinished Business
6/10/2015 Senate Unfinished Business
6/11/2015 Senate Taken from the table by the President ProTem
On motion by Senator ROSEN of Hancock The Majority Ought Not To Pass Report ACCEPTED , in NON-CONCURRENCE.
Roll Call Ordered Roll Call # 206 25 Yeas – 8 Nays- 2 Excused – 0 Absent PREVAILED
Ordered sent down forthwith for concurrence.
6/11/2015 House The House INSISTED on ACCEPTANCE of the Minority Ought to Pass as Amended Report and PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “A” (H-221).
ORDERED SENT FORTHWITH.
6/12/2015 Senate On motion by Senator ROSEN of Hancock The Senate INSISTED To ACCEPTANCE of The Majority OUGHT NOT TO PASS Report in NON-CONCURRENCE.
Placed in Legislative Files (DEAD).

Bill Text

.

An Act To Protect Patients from Sexual Exploitation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA 251, sub- 1, H is enacted to read:

H. “Health care services provider” means:

(1) A physician licensed under Title 32, chapter 48;

(2) An osteopathic physician licensed under Title 32, chapter 36;

(3) A chiropractor licensed under Title 32, chapter 9;

(4) A physical therapist licensed under Title 32, chapter 45-A;

(5) A physician assistant licensed under Title 32, chapter 48; or

(6) A nurse licensed under Title 32, chapter 31.

Sec. 2. 17-A MRSA 253, sub- 2, I, as repealed and replaced by PL 2011, c. 691, Pt. A, 13, is amended to read:

I. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor’s spouse, is a current patient or client of the actor. Violation of this paragraph is a Class C crime;

Sec. 3. 17-A MRSA 255-A, sub- 1, U, as repealed and replaced by PL 2011, c. 691, Pt. A, 14, is amended to read:

U. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor’s spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;

Sec. 4. 17-A MRSA 255-A, sub- 1, V, as repealed and replaced by PL 2011, c. 691, Pt. A, 15, is amended to read:

V. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor’s spouse, is a current patient or client of the actor and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;

Sec. 5. 17-A MRSA 260, sub- 1, K, as repealed and replaced by PL 2011, c. 691, Pt. A, 16, is amended to read:

K. The actor is a psychiatrist health care services provider, a psychologist or licensed as a social worker or purports to be a psychiatrist health care services provider, a psychologist or licensed as a social worker to the other person and the other person, not the actor’s spouse, is a current patient or client of the actor. Violation of this paragraph is a Class D crime;

summary

Current laws regarding gross sexual assault, unlawful sexual contact and unlawful sexual touching prohibit relationships or contact by a person who is a psychiatrist, a psychologist or licensed as a social worker or a person who purports to be a psychiatrist, a psychologist or licensed as a social worker with a current patient or client. This bill amends the laws regarding gross sexual assault, unlawful sexual contact and unlawful sexual touching by adding additional medical professionals licensed under the Maine Revised Statutes, Title 32 to the list of persons prohibited from having certain relationships or contact with patients and adds the definition of “health care services providers” to Title 17-A, chapter 11. “Health care services providers” includes physicians, osteopathic physicians, chiropractors, physical therapists, physician assistants and nurses.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 792 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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