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Current Status Bill Number:View additional legislative information at the LPITS web site.135 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010111 Primary Sponsor:Holland All Sponsors:Holland Drafted Document Number:l:\s-jud\bills\holland\jud0013.dhh.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:20010222 Subject:Psychotherapists, counselors, confidants; punishment for sexual contact with patients; Crimes, Sex offenses, Medical History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010306 Introduced, read first time, 25 HJ referred to Committee Senate 20010301 Read third time, sent to House Senate 20010222 Amended, read second time ------ 20010201 Scrivener's error corrected Senate 20010131 Committee report: Favorable 11 SJ Senate 20010111 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on January 31, 2001 - Word format Revised on February 1, 2001 - Word format Revised on February 22, 2001 - Word format
AMENDED
February 22, 2001
S. 135
S. Printed 2/22/01--S.
Read the first time January 11, 2001.
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-750. (A) For purposes of this section:
(1) 'Alcohol and drug abuse counselor' means any person who holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or any person who provides services of a psychological nature within the scope of his or her employment.
(2) 'Confidant' means a medical practitioner, a psychologist, a psychiatrist, a full-time staff member of a college or university counseling bureau, a guidance counselor or a teacher in an elementary school or in a junior or senior high school, a duly ordained and licensed member of the clergy, an accredited Christian Science practitioner, or any professional or paraprofessional staff member of a drug treatment, education, rehabilitation, or referral center who has received a communication from a holder of the privilege.
(3) 'Psychotherapist' means any person who performs or purports to perform psychotherapy, whether or not such person is licensed by the State under Section 40-63-70.
(4) 'Sexual battery' means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.
(5) 'Sexual contact' means any direct or indirect touching, fondling, or manipulating of any part of the genitals, anus, or female breast by any part of the body or by any object or causing a person to engage in such contact, except when accomplished for medically recognized treatment or diagnostic purposes.
(6) 'Therapeutic deception' means a representation by a psychotherapist, alcohol and drug abuse counselor, or confidant, that sexual contact by the actor is consistent with or part of the patient's treatment."
(B)(1) It is unlawful for any psychotherapist, alcohol and drug abuse counselor, or confidant to engage in sexual contact with a patient if:
(a) the patient is currently under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant; or
(b) the patient was under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant within the last three years, and the sexual contact occurred by means of therapeutic deception.
(2) It is unlawful for any psychotherapist, alcohol and drug abuse counselor, or confidant to engage in sexual contact with a patient if:
(a) the patient is currently under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant; or
(b) the patient was under the care or supervision of the psychotherapist, alcohol and drug abuse counselor, or confidant within the last three years, and the sexual battery occurred by means of therapeutic deception.
(C) Sexual contact with a patient is a felony punishable by imprisonment for not more than ten years. Sexual battery with a patient is a felony punishable by imprisonment for not more than thirty years.
(D) Consent of the patient is not a defense under this section."
SECTION 2. This act takes effect upon approval by the Governor.
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