SENATE DOCKET, NO. 59        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1122

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 by a medical professional.

_______________

PETITION OF:

SENATE DOCKET, NO. 59        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1122

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1031 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act criminalizing sexual assault by fraud by 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 2020 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 2020 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.