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