SF 2169

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to sexual abuse; modifying the liability of 
  1.3             an employer of a psychotherapist; amending Minnesota 
  1.4             Statutes 2002, section 148A.03. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 148A.03, is 
  1.7   amended to read: 
  1.8      148A.03 [LIABILITY OF EMPLOYER.] 
  1.9      (a) An employer of a psychotherapist may be liable under 
  1.10  section 148A.02 if: 
  1.11     (1) the employer fails or refuses to take reasonable action 
  1.12  when the employer knows or has reason to know that the 
  1.13  psychotherapist engaged in sexual contact with the plaintiff or 
  1.14  any other patient or former patient of the psychotherapist; or 
  1.15     (2) the employer fails or refuses to make inquiries of an 
  1.16  employer or former employer, whose name and address have been 
  1.17  disclosed to the employer and who employed the psychotherapist 
  1.18  as a psychotherapist within the last five years, concerning the 
  1.19  occurrence of sexual contacts by the psychotherapist with 
  1.20  patients or former patients of the psychotherapist. 
  1.21     (b) An employer or former employer of a psychotherapist may 
  1.22  be liable under section 148A.02 if the employer or former 
  1.23  employer: 
  1.24     (1) knows of the occurrence of sexual contact by the 
  1.25  psychotherapist with patients or former patients of the 
  2.1   psychotherapist; 
  2.2      (2) receives a specific written request by another employer 
  2.3   or prospective employer of the psychotherapist, engaged in the 
  2.4   business of psychotherapy, concerning the existence or nature of 
  2.5   the sexual contact; and 
  2.6      (3) fails or refuses to disclose the occurrence of the 
  2.7   sexual contacts. 
  2.8      (c) An employer or former employer may be liable under 
  2.9   section 148A.02 only to the extent that the failure or refusal 
  2.10  to take any action required by paragraph (a) or (b) was a 
  2.11  proximate and actual cause of any damages sustained. 
  2.12     (d) No cause of action arises, nor may a licensing board in 
  2.13  this state take disciplinary action, against a psychotherapist's 
  2.14  employer or former employer who in good faith complies with this 
  2.15  section.