HOUSE DOCKET, NO. 1589 FILED ON: 1/16/2019
HOUSE . . . . . . . . . . . . . . . No. 1436
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The Commonwealth of Massachusetts
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PRESENTED BY:
Kate Hogan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act criminalizing sexual assault by fraud of a medical professional.
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PETITION OF:
Name: | District/Address: | Date Added: |
Kate Hogan | 3rd Middlesex | 1/16/2019 |
District Attorney Marian T. Ryan | Office of the Middlesex District Attorney, 15 Commonwealth Avenue, Woburn, MA 01801 | 1/16/2019 |
Hannah Kane | 11th Worcester | 1/24/2019 |
Danielle W. Gregoire | 4th Middlesex | 1/24/2019 |
Carole A. Fiola | 6th Bristol | 1/18/2019 |
Bradley H. Jones, Jr. | 20th Middlesex | 1/18/2019 |
Angelo J. Puppolo, Jr. | 12th Hampden | 1/17/2019 |
Marcos A. Devers | 16th Essex | 1/18/2019 |
Colleen M. Garry | 36th Middlesex | 1/30/2019 |
William L. Crocker, Jr. | 2nd Barnstable | 1/31/2019 |
Elizabeth A. Poirier | 14th Bristol | 1/17/2019 |
David Paul Linsky | 5th Middlesex | 1/24/2019 |
Michael O. Moore | Second Worcester | 1/24/2019 |
David Allen Robertson | 19th Middlesex | 1/25/2019 |
Kathleen R. LaNatra | 12th Plymouth | 1/25/2019 |
Christine P. Barber | 34th Middlesex | 1/25/2019 |
Carolyn C. Dykema | 8th Middlesex | 1/25/2019 |
Ann-Margaret Ferrante | 5th Essex | 1/29/2019 |
Jennifer E. Benson | 37th Middlesex | 1/29/2019 |
Rebecca L. Rausch | Norfolk, Bristol and Middlesex | 1/30/2019 |
Mindy Domb | 3rd Hampshire | 1/31/2019 |
Nika C. Elugardo | 15th Suffolk | 1/31/2019 |
Natalie M. Blais | 1st Franklin | 2/1/2019 |
Bruce J. Ayers | 1st Norfolk | 2/1/2019 |
Kay Khan | 11th Middlesex | 2/1/2019 |
Lori A. Ehrlich | 8th Essex | 2/1/2019 |
James K. Hawkins | 2nd Bristol | 2/1/2019 |
Michelle M. DuBois | 10th Plymouth | 2/1/2019 |
HOUSE DOCKET, NO. 1589 FILED ON: 1/16/2019
HOUSE . . . . . . . . . . . . . . . No. 1436
By Ms. Hogan of Stow, a petition (accompanied by bill, House, No. 1436) of Kate Hogan and others relative to the penalty imposed for the crime of sexual assault by fraud of medical professionals. The Judiciary. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act criminalizing sexual assault by fraud of a medical professional.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 265 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting after Section 13H the following section:-
Section 13H½. Sexual Misconduct on a Patient or Client by a Medical Professional
(a)A person who is, or holds themselves out to be, a medical or health care professional, and who commits an indecent assault and battery on a patient or client during the course of diagnosis, counseling, or treatment, where consent to the act was procured by a false representation that the act was for a bona fide medical purpose, shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.
(b)Definition. As used in this section, the following words shall have the following meaning:
“Medical or health care professional” refers to all individuals who provide professional medical or health services, diagnosis, treatment or counseling, and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, clergy members, and marriage and family counselors or therapists.
SECTION 2. Said Chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after Section 22C the following section:-
Section 22D: Rape on a Patient or Client by a Medical Professional
(a)A person who is, or holds themselves out to be, a medical or health care professional, and who knowingly induces a patient or client to engage in natural or unnatural sexual intercourse during the course of diagnosis, counseling, or treatment, where consent to the intercourse was procured by a false representation that the act was for a bona fide medical purpose, shall be punished by imprisonment in the state prison for not more than 20 years.
(b)Definition. As used in this section, the following words shall have the following meaning:
Medical or health care professional refers to all individuals who provide professional medical or health services, diagnosis, treatment or counseling, and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, clergy members, and marriage and family counselors or therapists.
SECTION 3. Section 63 of Chapter 277 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 27, the word “13H” and inserting in place thereof the following words:- 13H, 13H ½.
SECTION 4. Said Chapter 277 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “22A” and inserting in place thereof the following words:- 22A, 22D.