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| 2 | 2 | | HOUSE DOCKET, NO. 3328 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1550 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Kate Hogan |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act criminalizing sexual assault by fraud of a medical professional. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Hogan3rd Middlesex1/18/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3328 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1550 |
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| 18 | 18 | | By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 1550) of Kate |
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| 19 | 19 | | Hogan relative to the penalty imposed for the crime of sexual assault by fraud of medical |
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| 20 | 20 | | professionals. The Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1661 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act criminalizing sexual assault by fraud of a medical professional. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 265 of the General Laws as appearing in the 2016 Official Edition |
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| 32 | 32 | | 2is hereby amended by inserting after Section 13H the following section:- |
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| 33 | 33 | | 3 Section 13H½. Sexual Misconduct on a Patient or Client by a Medical Professional |
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| 34 | 34 | | 4 (a)A person who is, or holds themselves out to be, a medical or health care |
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| 35 | 35 | | 5professional, and who commits an indecent assault and battery on a patient or client during the |
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| 36 | 36 | | 6course of diagnosis, counseling, or treatment, where consent to the act was procured by a false |
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| 37 | 37 | | 7representation that the act was for a bona fide medical purpose, shall be punished by |
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| 38 | 38 | | 8imprisonment in the state prison for not more than five years, or by imprisonment for not more |
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| 39 | 39 | | 9than two and one-half years in a jail or house of correction. 2 of 3 |
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| 40 | 40 | | 10 (b)Definition. As used in this section, the following words shall have the following |
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| 41 | 41 | | 11meaning: |
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| 42 | 42 | | 12 “Medical or health care professional” refers to all individuals who provide professional |
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| 43 | 43 | | 13medical or health services, diagnosis, treatment or counseling, and shall include, but not be |
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| 44 | 44 | | 14limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical |
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| 45 | 45 | | 15therapists, chiropractors, psychologists, social workers, medical technicians, mental health |
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| 46 | 46 | | 16counselors, substance abuse counselors, clergy members, and marriage and family counselors or |
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| 47 | 47 | | 17therapists. |
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| 48 | 48 | | 18 SECTION 2. Said Chapter 265 of the General Laws, as so appearing, is hereby amended |
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| 49 | 49 | | 19by inserting after Section 22C the following section:- |
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| 50 | 50 | | 20 Section 22D: Rape on a Patient or Client by a Medical Professional |
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| 51 | 51 | | 21 (a)A person who is, or holds themselves out to be, a medical or health care |
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| 52 | 52 | | 22professional, and who knowingly induces a patient or client to engage in natural or unnatural |
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| 53 | 53 | | 23sexual intercourse during the course of diagnosis, counseling, or treatment, where consent to the |
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| 54 | 54 | | 24intercourse was procured by a false representation that the act was for a bona fide medical |
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| 55 | 55 | | 25purpose, shall be punished by imprisonment in the state prison for not more than 20 years. |
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| 56 | 56 | | 26 (b)Definition. As used in this section, the following words shall have the following |
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| 57 | 57 | | 27meaning: |
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| 58 | 58 | | 28 Medical or health care professional refers to all individuals who provide professional |
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| 59 | 59 | | 29medical or health services, diagnosis, treatment or counseling, and shall include, but not be |
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| 60 | 60 | | 30limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical 3 of 3 |
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| 61 | 61 | | 31therapists, chiropractors, psychologists, social workers, medical technicians, mental health |
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| 62 | 62 | | 32counselors, substance abuse counselors, clergy members, and marriage and family counselors or |
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| 63 | 63 | | 33therapists. |
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| 64 | 64 | | 34 SECTION 3. Section 63 of Chapter 277 of the General Laws, as appearing in the 2016 |
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| 65 | 65 | | 35Official Edition, is hereby amended by striking out, in line 27, the word “13H” and inserting in |
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| 66 | 66 | | 36place thereof the following words:- 13H, 13H ½. |
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| 67 | 67 | | 37 SECTION 4. Said Chapter 277 of the General Laws, as so appearing, is hereby amended |
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| 68 | 68 | | 38by striking out, in line 4, the word “22A” and inserting in place thereof the following words:- |
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| 69 | 69 | | 3922A, 22D. |
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