Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1122 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 59 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1122
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act criminalizing sexual assault by fraud by a medical professional.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 3
16	16	SENATE DOCKET, NO. 59 FILED ON: 1/10/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1122
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1122) of Bruce E. Tarr for legislation
19	19	to criminalize sexual assault by fraud by a medical professional. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1031 OF 2019-2020.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act criminalizing sexual assault by fraud by a medical professional.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 265 of the General Laws as appearing in the 2020 Official Edition
31	31	2is hereby amended by inserting after Section 13H the following section:-
32	32	3 Section 13H½. Sexual Misconduct on a Patient or Client by a Medical Professional
33	33	4 (a)A person who is, or holds themselves out to be, a medical or health care
34	34	5professional, and who commits an indecent assault and battery on a patient or client during the
35	35	6course of diagnosis, counseling, or treatment, where consent to the act was procured by a false
36	36	7representation that the act was for a bona fide medical purpose, shall be punished by
37	37	8imprisonment in the state prison for not more than five years, or by imprisonment for not more
38	38	9than two and one-half years in a jail or house of correction. 2 of 3
39	39	10 (b)Definition. As used in this section, the following words shall have the following
40	40	11meaning:
41	41	12 “Medical or health care professional” refers to all individuals who provide professional
42	42	13medical or health services, diagnosis, treatment or counseling, and shall include, but not be
43	43	14limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical
44	44	15therapists, chiropractors, psychologists, social workers, medical technicians, mental health
45	45	16counselors, substance abuse counselors, clergy members, and marriage and family counselors or
46	46	17therapists.
47	47	18 SECTION 2. Said Chapter 265 of the General Laws, as so appearing, is hereby amended
48	48	19by inserting after Section 22C the following section:-
49	49	20 Section 22D: Rape on a Patient or Client by a Medical Professional
50	50	21 (a)A person who is, or holds themselves out to be, a medical or health care
51	51	22professional, and who knowingly induces a patient or client to engage in natural or unnatural
52	52	23sexual intercourse during the course of diagnosis, counseling, or treatment, where consent to the
53	53	24intercourse was procured by a false representation that the act was for a bona fide medical
54	54	25purpose, shall be punished by imprisonment in the state prison for not more than 20 years.
55	55	26 (b)Definition. As used in this section, the following words shall have the following
56	56	27meaning:
57	57	28 Medical or health care professional refers to all individuals who provide professional
58	58	29medical or health services, diagnosis, treatment or counseling, and shall include, but not be
59	59	30limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical 3 of 3
60	60	31therapists, chiropractors, psychologists, social workers, medical technicians, mental health
61	61	32counselors, substance abuse counselors, clergy members, and marriage and family counselors or
62	62	33therapists.
63	63	34 SECTION 3. Section 63 of Chapter 277 of the General Laws, as appearing in the 2020
64	64	35Official Edition, is hereby amended by striking out, in line 27, the word “13H” and inserting in
65	65	36place thereof the following words:- 13H, 13H ½.
66	66	37 SECTION 4. Said Chapter 277 of the General Laws, as so appearing, is hereby amended
67	67	38by striking out, in line 4, the word “22A” and inserting in place thereof the following words:-
68	68	3922A, 22D.