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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 92
BY REPRESENTATIVE RICHARD
CRIME: Creates a task force to study the issue of sexual misconduct between a
psychotherapist and patient
A CONCURRENT RESOLUTI ON1
To create a task force to study the issue of sexual misconduct between a psychotherapist and2
patient and to issue recommendations on ways to address this issue no later than3
January 1, 2016.4
WHEREAS, in many states sexual misconduct laws and regulations categorically5
prohibit various healthcare professionals from engaging in sexual contact with current6
patients and with former patients for years after the end of the therapeutic relationship; and7
WHEREAS, although other criminal statutes address the issue of nonconsensual8
sexual activity, sexual misconduct regulations in this area are primarily directed at behavior9
that, although consensual, still gives cause for concern due to the nature of the relationship10
between a psychotherapist and the patient; and 11
WHEREAS, many states have enacted such laws and regulations to prohibit12
consensual sexual contact between a psychotherapist and a current or former patient based13
on the following observations:14
(1) The nature of the relationship between the psychotherapist and patient puts the15
patient in a position of vulnerability where the patient may not fully appreciate the risks of16
sexual intimacies with the therapist and lacks the capacity to make autonomous decisions17
regarding those risks.18
(2) A psychotherapist has a fiduciary duty to remain objective about a patient's19
treatment and to look out for a patient's best interest, and by engaging in such activity, the20 HLS 14RS-2729 ORIGINAL
HCR NO. 92
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psychotherapist risks creating a conflict of interest that may impair their judgment with1
regard to the patient's treatment and maintain this fiduciary duty; and2
WHEREAS, the legislature recognizes the authority of the licensing or governing3
boards of the various healthcare professions to enforce the ethical standards and guidelines4
of their respective practices; and5
WHEREAS, the legislature also recognizes the nature of the psychotherapist-patient6
relationship, the vulnerability of patients involved in such relationships, and the need to7
protect these patients.8
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby9
create a task force to study the issue of sexual misconduct between a psychotherapist and10
patient including its impact on victims and the reputation of the profession.11
BE IT FURTHER RESOLVED that in conducting this study, the task force shall12
consider the feasibility of enacting a criminal statute specifically prohibiting the sexual13
misconduct of a psychotherapist relative to a patient and shall consider any constitutional14
implications that may exist in enacting the statute.15
BE IT FURTHER RESOLVED that the task force shall issue recommendations on16
ways to address this issue which may include but are not limited to legislation to enact17
criminal statutes or legislation to mandate education on the issue within each respective18
profession. 19
BE IT FURTHER RESOLVED that the task force shall include the following20
members:21
(1) A member of the legislature, appointed by the speaker of the House of22
Representatives, who shall serve as chairman of the task force.23
(2) A member of the legislature appointed by the president of the Senate.24
(3) The chairman of the House Committee on the Administration of Criminal25
Justice, or his designee.26
(4) The chairman of the House Committee on Health and Welfare, or his designee.27
(5) The chairman of the Senate Committee on Judiciary B, or his designee.28
(6) The chairman of the Senate Committee on Health and Welfare, or his designee.29
(7) The secretary of the Department of Health and Hospitals, or his designee.30 HLS 14RS-2729 ORIGINAL
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(8) The executive director of the Louisiana District Attorneys Association, or his1
designee.2
(9) A member of the Louisiana State Board of Medical Examiners.3
(10) A member of the Louisiana Licensed Professional Counselors Board of4
Examiners.5
(11) A member of the Louisiana State Board of Examiners of Psychologists.6
(12) A member of the Louisiana State Board of Social Work Examiners.7
(13) A member of the Louisiana Behavior Analyst Board.8
(14) A representative of the Department of Justice, office of the attorney general.9
(15) A victim of, or an advocate for a victim of, sexual misconduct by a10
psychotherapist appointed by the speaker of the House of Representatives from11
recommendations by members of the House of Representatives. 12
BE IT FURTHER RESOLVED that in undertaking the study and issuing13
recommendations, the task force may request documents or data, conduct public hearings,14
hear the testimony of witnesses, and take any other actions that it deems necessary to carry15
out its functions.16
BE IT FURTHER RESOLVED that the task force shall meet, at a minimum, on a17
quarterly basis with the first meeting taking place no later than September 1, 2014, and shall18
issue its recommendation to the speaker of the House of Representatives and to the president19
of the Senate no later than January 1, 2016.20
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted21
to the Department of Health and Hospitals, the Louisiana District Attorneys Association, the22
Louisiana State Board of Medical Examiners, the Louisiana Licensed Professional23
Counselors Board of Examiners, the Louisiana State Board of Examiners of Psychologists,24
the Louisiana State Board of Social Work Examiners, the Louisiana Behavior Analyst25
Board, and the Department of Justice, office of the attorney general.26 HLS 14RS-2729 ORIGINAL
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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 HCR No. 92
Creates a task force composed of 15 members to study the issue of sexual misconduct
between a psychotherapist and patient and to issue recommendations on ways to address this
issue no later than Jan. 1, 2016.