Texas 2009 - 81st Regular

Texas Senate Bill SB34 Compare Versions

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1	1	81R149 UM-D
2	2	By: Zaffirini S.B. No. 34
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the civil liability of an employer or former employer of
8	8	a mental health services provider who engages in sexual
9	9	exploitation of a patient or former patient.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsections (a) and (b), Section 81.003, Civil
12	12	Practice and Remedies Code, are amended to read as follows:
13	13	(a) An employer of a mental health services provider is
14	14	liable to a patient or former patient of the mental health services
15	15	provider for damages if the patient or former patient is injured as
16	16	described by Section 81.002 and the employer:
17	17	(1) fails to make inquiries of an employer or former
18	18	employer, whose name and address have been disclosed to the
19	19	employer and who employed the mental health services provider as a
20	20	mental health services provider within the five years before the
21	21	date of disclosure, concerning the possible occurrence of sexual
22	22	exploitation by the mental health services provider of patients or
23	23	former patients of the mental health services provider; or
24	24	(2) knows or has reason to know that the mental health
25	25	services provider engaged in [the] sexual exploitation of a [the]
26	26	patient or former patient and the employer failed to:
27	27	(A) report the suspected sexual exploitation as
28	28	required by Section 81.006; or
29	29	(B) take necessary action to prevent or stop the
30	30	sexual exploitation by the mental health services provider.
31	31	(b) An employer or former employer of a mental health
32	32	services provider is liable to a patient or former patient of the
33	33	mental health services provider for damages if the patient or
34	34	former patient is injured as described by Section 81.002 and the
35	35	employer or former employer:
36	36	(1) knows of the occurrence of [the] sexual
37	37	exploitation by the mental health services provider of a [the]
38	38	patient or former patient;
39	39	(2) receives a specific request by an employer or
40	40	prospective employer of the mental health services provider,
41	41	engaged in the business of providing mental health services,
42	42	concerning the possible existence or nature of sexual exploitation
43	43	by the mental health services provider; and
44	44	(3) fails to disclose the occurrence of the sexual
45	45	exploitation.
46	46	SECTION 2. The changes in law made by this Act apply only to
47	47	a cause of action that accrues on or after the effective date of
48	48	this Act. A cause of action that accrues before the effective date
49	49	of this Act is governed by the law in effect on the date the cause of
50	50	action accrues, and that law is continued in effect for that
51	51	purpose.
52	52	SECTION 3. This Act takes effect immediately if it receives
53	53	a vote of two-thirds of all the members elected to each house, as
54	54	provided by Section 39, Article III, Texas Constitution. If this
55	55	Act does not receive the vote necessary for immediate effect, this
56	56	Act takes effect September 1, 2009.