DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richard HB No. 215
Abstract: Creates the crime of prohibited sexual contact by a psychotherapist and provides for
elements of the crime, definitions, exceptions, and criminal penalties for the commission
of the offense.
Proposed law provides that it shall be unlawful for any psychotherapist, or any person who
fraudulently represents himself as or purports to be a psychotherapist, to engage in sexual contact
with a client or patient. Proposed law provides that the consent of the patient or client shall not
be a defense.
Proposed law provides that it shall be unlawful for any psychotherapist to engage in sexual
contact with a former client or patient, when the relationship was terminated primarily for the
purpose of engaging in the sexual contact.
Relative to former clients and former patients, proposed law provides that it shall not be a
violation if the client is at least 17 years of age, the sexual contact was consensual, and the
psychotherapist formally terminated the psychotherapist-client relationship as required by the
ethical standards and guidelines established by the licensing or governing board of his profession.
Proposed law provides definitions for "psychotherapist", "sexual contact", and "therapeutic
deception".
Proposed law provides for the following penalties:
(1)Imprisonment for not more than 10 years, fined not more than $10,000, or both.
(2)If the sexual contact occurs by means of "therapeutic deception" - imprisonment for not
more than 15 years, fined not more than $20,000, or both.
(Adds R.S. 14:89.7)