Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4350 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4350
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 12, 2024.
5	5	The committee on The Judiciary, to whom were referred the petition
6	6	(accompanied by bill, Senate, No. 1122) of Bruce E. Tarr for legislation to
7	7	criminalize sexual assault by fraud by a medical professional, and the
8	8	petition (accompanied by bill, House, No. 1550) of Kate Hogan relative to
9	9	the penalty imposed for the crime of sexual assault by fraud of medical
10	10	professionals, reports recommending that the accompanying bill (House,
11	11	No. 4350) ought to pass.
12	12	For the committee,
13	13	MICHAEL S. DAY. 1 of 4
14	14	FILED ON: 2/5/2024
15	15	HOUSE . . . . . . . . . . . . . . . No. 4350
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act criminalizing sexual assault by fraud of a medical professional.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 2022
25	25	2Official Edition, is hereby amended by inserting, in line 62, after the words “chapter 265;” the
26	26	3following words:- indecent assault and battery on vulnerable persons in custody by law
27	27	4enforcement under section 13H ½ of said chapter 265; indecent assault and battery on a patient
28	28	5or client by a health care provider under section 13H ¾ of said chapter 265;.
29	29	6 SECTION 2. Said section 178C of said chapter 6, as so appearing, is hereby further
30	30	7amended by inserting, in line 67, after the words “chapter 265;” the following words: rape of a
31	31	8patient or client by a health care provider under section 22D of said chapter 265;.
32	32	9 SECTION 3. Section 1 of chapter 123A of the General Laws, as so appearing, is hereby
33	33	10amended by inserting, in line 49, after the word “sixty-five;” the following words:- indecent
34	34	11assault and battery on vulnerable persons in custody by law enforcement under section 13H ½ of
35	35	12said chapter 265; indecent assault and battery on a patient or client by a health care provider
36	36	13under section 13H ¾ of said chapter 265;. 2 of 4
37	37	14 SECTION 4. Said section 1 of said chapter 123A of the General Laws, as so appearing, is
38	38	15hereby further amended by inserting, in line 54, after the words “chapter 265;” the following
39	39	16words:- rape of a patient or client by a health care provider under section 22D of said chapter
40	40	17265;.
41	41	18 SECTION 5. Section 133E of chapter 127 of the General Laws, as so appearing, is
42	42	19hereby amended by inserting, in line 16, after the words “chapter 265” the following words:-
43	43	20indecent assault and battery on vulnerable persons in custody by law enforcement under section
44	44	2113H ½ of said chapter 265; indecent assault and battery on a patient or client by a health care
45	45	22provider under section 13H ¾ of said chapter 265;.
46	46	23 SECTION 6. Said section 133E of said chapter 127 of the General Laws, as so appearing,
47	47	24is hereby further amended by inserting, in line 20, after the words “chapter 265;” the following
48	48	25words:- rape of a patient or client by a health care provider under section 22D of said chapter
49	49	26265;.
50	50	27 SECTION 7. Chapter 265 of the General Laws is hereby amended by inserting after
51	51	28Section 13H ½ the following section:-.
52	52	29 Section 13H ¾ (a) For the purposes of this section “health care provider” shall mean a
53	53	30person, corporation, facility or institution licensed by the commonwealth to provide health care
54	54	31of professional services as a physician, hospital, clinic or nursing home, dentist, registered or
55	55	32licensed nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, social
56	56	33worker, or acupuncturist, or an officer, employee or agent thereof acting in the scope and course
57	57	34of their employment. 3 of 4
58	58	35 (b) A person who is, or holds themselves out to be, a health care provider or clergy
59	59	36member, and who commits an indecent assault and battery on a patient or client during the
60	60	37course of diagnosis, counseling, or treatment shall be punished by imprisonment in the state
61	61	38prison for not more than 5 years, or by imprisonment for not more than 2 1/2 years in a house of
62	62	39correction. In a prosecution commenced under this section, the patient or client shall be deemed
63	63	40incapable of consenting to contact of a sexual nature when consent was procured by a false
64	64	41representation that the act was for a legitimate medical or treatment purpose.
65	65	42 SECTION 8. Said Chapter 265 of the General Laws is hereby further amended by
66	66	43inserting after Section 22C the following section:-
67	67	44 Section 22D (a) For the purposes of this section “health care provider” shall mean a
68	68	45person, corporation, facility or institution licensed by the commonwealth to provide health care
69	69	46of professional services as a physician, hospital, clinic or nursing home, dentist, registered or
70	70	47licensed nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, social
71	71	48worker, or acupuncturist, or an officer, employee or agent thereof acting in the scope and course
72	72	49of their employment.
73	73	50 (b) A person who is, or holds themselves out to be, a health care provider or clergy
74	74	51member, and who knowingly induces a patient or client to engage in sexual intercourse during
75	75	52the course of diagnosis, counseling, or treatment, shall be punished by imprisonment in the state
76	76	53prison for not more than 20 years. In a prosecution commenced under this section, the patient or
77	77	54client shall be deemed incapable of consenting to contact of a sexual nature when consent was
78	78	55procured by false representation that the act was for a legitimate medical or treatment purpose. 4 of 4
79	79	56 SECTION 9. Section 63 of chapter 277 of the General Laws, as so appearing, is hereby
80	80	57amended by inserting, in line 4, after the word “22C,” the following words:- 22D,.
81	81	58 SECTION 10. Said section 63 of said chapter 277 of the General Laws, as so appearing,
82	82	59is hereby amended by inserting, in line 27, after the word “13H,” the following words:- 13H ½,
83	83	6013H ¾,.