Senate Bill 1453 Summary

• Creates the "Protection Against Sexual Exploitation By A Mental Health Services Provider Act" to establish civil and criminal liability for mental health providers who engage in sexual conduct, sexual exploitation, or therapeutic deception with patients or former patients.

• Defines mental health services broadly to include psychiatry, psychology, counseling, social work, nursing, and other therapeutic professions, and specifies mental health services providers include both licensed professionals and unlicensed individuals providing such services.

• Establishes civil liability allowing patients or former patients to recover actual damages, mental anguish damages, exemplary damages, and attorney fees for sexual exploitation by providers.

• Imposes criminal penalties ranging from misdemeanors (fines up to $5,000-$10,000) for single or multiple acts with one patient to felony charges (fine up to $20,000) for multiple acts with two or more patients.

• Requires mental health providers or employers to report suspected or alleged sexual exploitation to prosecutors and state licensing boards within 30 days, with protections for good-faith reporters and victim confidentiality; effective November 1, 2012.