Texas Senate Bill SB34

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 3/4/09
• Voted on by Senate: 3/19/09

Caption

Relating to the civil liability of an employer or former employer of a mental health services provider who engages in sexual exploitation of a patient or former patient.

Impact

The implications of SB34 are significant as it holds employers accountable for the actions of their employees in the mental health space. Should a mental health services provider exploit a patient, the employer could face civil liability if it is demonstrated that they either ignored warning signs or did not properly investigate past incidents when employing the provider. This shift encourages greater scrutiny in hiring practices and ongoing monitoring of employees in positions of trust and care, potentially leading to improved patient protection mechanisms in mental health settings.

Summary

Senate Bill 34 amends the Civil Practice and Remedies Code concerning the civil liability of employers of mental health service providers who engage in sexual exploitation of patients or former patients. The revised legislation establishes clear liability for employers who either neglect to inquire about past instances of exploitation when hiring mental health providers or who fail to take proper action upon discovering such behavior. This bill seeks to ensure that mental health providers are monitored and controlled better to protect vulnerable patients from inappropriate conduct.

Contention

While the bill has garnered support for its intent to protect patients, it may also raise concerns about the burden it places on mental health service employers. Critics may argue that the broadened scope of employer liability could discourage professionals from entering the field, particularly if potential employers fear legal repercussions from the actions of their employees. Additionally, questions may arise regarding the feasibility of enforcing such obligations, as employers might struggle with how to effectively vet the history of mental health providers without infringing on privacy rights.

Notable_points

The bill makes a clear distinction that the changes in liability apply only to causes of action that accrue on or after its effective date, indicating a transition period for existing cases. Employers will need to be vigilant in adhering to the reporting requirements and inquiries outlined in the new law or risk facing substantial legal setbacks. As such, SB34 aims to promote a culture of accountability among mental health employers while simultaneously striving to provide better safety nets for patients.