South Carolina General Assembly
115th Session, 2003-2004

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S. 184

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Holland and Ford
Document Path: l:\s-jud\bills\mcconnell\jud0009.gfm.doc

Introduced in the Senate on January 14, 2003
Introduced in the House on February 26, 2003
Last Amended on February 20, 2003
Currently residing in the House Committee on Judiciary

Summary: Alcohol and drug abuse counselors, psychotherapists, other confidants; punishment for engaging in sexual contact or battery with current or former patient

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/14/2003  Senate  Introduced and read first time SJ-97
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-97
   2/19/2003  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-16
   2/20/2003  Senate  Amended SJ-19
   2/20/2003  Senate  Read second time SJ-19
   2/20/2003          Scrivener's error corrected
   2/25/2003  Senate  Read third time and sent to House SJ-22
   2/26/2003  House   Introduced and read first time HJ-10
   2/26/2003  House   Referred to Committee on Judiciary HJ-10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/14/2003
2/19/2003
2/20/2003
2/20/2003-A

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE AMENDMENT ADOPTED

February 20, 2003

S. 184

Introduced by Senators McConnell, Holland and Ford

S. Printed 2/20/03--S.    [SEC 2/20/03 3:19 PM]

Read the first time January 14, 2003.

            

A BILL

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.

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 battery 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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