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COMMITTEE REPORT
February 19, 2003
S. 184
Introduced by Senators McConnell, Holland and Ford
S. Printed 2/19/03--S.
Read the first time January 14, 2003.
To whom was referred a Bill (S. 184) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, line 37, in Section 16-3-750, as contained in SECTION 1, by striking /contact/ and inserting / battery /.
Renumber sections to conform.
Amend title to conform.
C. BRADLEY HUTTO for Committee.
EXPLANATION OF IMPACT:
Judicial Department
The Judicial Department indicates there will be a minimal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.
The Department of Corrections (SCDC)
The department forecasts a minimal fiscal impact with the passage of the proposed legislation indicating that additional costs can be absorbed. Specifically, the department notes that while data is not available to predict the number of convictions and the resultant admissions to SCDC for the offense of unlawful sexual contact with a patient by a psychotherapist, alcohol and drug abuse counselor, or other confident, a significant population increase is not expected at this time.
Approved By:
Don Addy
Office of State Budget
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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