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90_HB1184eng
740 ILCS 140/Act title
740 ILCS 140/0.01 from Ch. 70, par. 800
740 ILCS 140/1 from Ch. 70, par. 801
740 ILCS 140/2 from Ch. 70, par. 802
740 ILCS 140/3 from Ch. 70, par. 803
Amends the Sexual Exploitation in Psychotherapy Act.
Changes the title to the Sexual Exploitation in
Psychotherapy, Professional Health Services, and Professional
Mental Health Services Act. Provides for a cause of action
for sexual exploitation of a patient or former patient by an
unlicensed health professional or unlicensed mental health
professional. Authorizes the Attorney General to bring an
action for injunctive relief against a psychotherapist,
unlicensed health professional, or unlicensed mental health
professional. Makes violation of court order a Class 4
felony punishable by a fine not to exceed $25,000; also
provides for a civil penalty of $10,000 for contempt.
Effective immediately.
LRB9003870DJcd
HB1184 Engrossed LRB9003870DJcd
1 AN ACT to amend the Sexual Exploitation in Psychotherapy
2 Act by changing the title of the Act and Sections 0.01, 1, 2,
3 and 3.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Sexual Exploitation in Psychotherapy Act
7 is amended by changing the title of the Act and Sections
8 0.01, 1, 2, and 3 as follows:
9 (740 ILCS 140/Act title)
10 An Act concerning sexual exploitation by
11 psychotherapists, unlicensed health professionals, or
12 unlicensed mental health professionals.
13 (Source: P.A. 85-1254.)
14 (740 ILCS 140/0.01) (from Ch. 70, par. 800)
15 Sec. 0.01. Short title. This Act may be cited as the
16 Sexual Exploitation in Psychotherapy, Professional Health
17 Services, and Professional Mental Health Services Act.
18 (Source: P.A. 86-1324.)
19 (740 ILCS 140/1) (from Ch. 70, par. 801)
20 Sec. 1. Definitions. In this Act:
21 (a) "Emotionally dependent" means that the nature of the
22 patient's or former patient's emotional condition and the
23 nature of the treatment provided by the psychotherapist,
24 unlicensed health professional, or unlicensed mental health
25 professional are such that the psychotherapist, unlicensed
26 health professional, or unlicensed mental health professional
27 knows or has reason to believe that the patient or former
28 patient is unable to withhold consent to sexual contact by
29 the psychotherapist, unlicensed health professional, or
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1 unlicensed mental health professional.
2 (b) "Former patient" means a person who was given
3 psychotherapy within 1 year prior to sexual contact with the
4 psychotherapist or who obtained a professional consultation
5 or diagnostic or therapeutic service from an unlicensed
6 health professional or unlicensed mental health professional
7 within one year prior to sexual contact with the unlicensed
8 health professional or unlicensed mental health professional.
9 (c) "Patient" means a person who seeks or obtains
10 psychotherapy or who obtains a professional consultation or
11 diagnostic or therapeutic service from an unlicensed health
12 professional or unlicensed mental health professional.
13 (d) "Psychotherapist" means a physician, psychologist,
14 nurse, chemical dependency counselor, social worker, or other
15 person, whether or not licensed by the State, who performs or
16 purports to perform psychotherapy.
17 (e) "Psychotherapy" means the professional treatment,
18 assessment, or counseling of a mental or emotional illness,
19 symptom, or condition. "Psychotherapy" does not include
20 counseling of a spiritual or religious nature, social work,
21 or casual advice given by a friend or family member.
22 (f) "Sexual contact" means any of the following, whether
23 or not occurring with the consent of a patient or former
24 patient:
25 (1) sexual intercourse, cunnilingus, fellatio, anal
26 intercourse or any intrusion, however slight, into the
27 genital or anal openings of the patient's or former patient's
28 body by any part of the psychotherapist's, unlicensed health
29 professional's, or unlicensed mental health professional's
30 body or by any object used by the psychotherapist, unlicensed
31 health professional, or unlicensed mental health professional
32 for that purpose, or any intrusion, however slight, into the
33 genital or anal openings of the psychotherapist's, unlicensed
34 health professional's, or unlicensed mental health
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1 professional's body by any part of the patient's or former
2 patient's body or by any object used by the patient or former
3 patient for that purpose, if agreed to by the
4 psychotherapist, unlicensed health professional, or
5 unlicensed mental health professional;
6 (2) kissing or intentional touching by the
7 psychotherapist, unlicensed health professional, or
8 unlicensed mental health professional of the patient's or
9 former patient's genital area, groin, inner thigh, buttocks,
10 or breast or the clothing covering any of these body parts;
11 (3) kissing or intentional touching by the patient or
12 former patient of the psychotherapist's, unlicensed health
13 professional's, or unlicensed mental health professional's
14 genital area, groin, inner thigh, buttocks, or breast or the
15 clothing covering any of these body parts if the
16 psychotherapist, unlicensed health professional, or
17 unlicensed mental health professional agrees to the kissing
18 or intentional touching.
19 "Sexual contact" includes a request by the
20 psychotherapist, unlicensed health professional, or
21 unlicensed mental health professional for conduct described
22 in paragraphs (1) through (3).
23 "Sexual contact" does not include conduct described in
24 paragraph (1) or (2) that is a part of standard medical
25 treatment of a patient, casual social contact not intended to
26 be sexual in character, or inadvertent touching.
27 (g) "Therapeutic deception" means a representation by a
28 psychotherapist, unlicensed health professional, or
29 unlicensed mental health professional that sexual contact
30 with the psychotherapist, unlicensed health professional, or
31 unlicensed mental health professional is consistent with or
32 part of the patient's or former patient's treatment.
33 (h) "Unlicensed health professional" means a person who
34 is not licensed or registered to provide health services by
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1 the Department of Professional Regulation or a board of
2 registration duly authorized to grant licenses or
3 registration to persons engaged in the practice of providing
4 health services or whose license or registration to provide
5 health services has been returned or revoked by the
6 Department or that board.
7 (i) "Unlicensed mental health professional" means a
8 person who is not licensed or registered to provide mental
9 health services by the Department of Professional Regulation
10 or a board of registration duly authorized to grant licenses
11 or registration to persons engaged in the practice of
12 providing mental health services or whose license or
13 registration to provide mental health services has been
14 returned or revoked by the Department or that board.
15 (Source: P.A. 85-1254.)
16 (740 ILCS 140/2) (from Ch. 70, par. 802)
17 Sec. 2. Cause of action for sexual exploitation. (a) A
18 cause of action against a psychotherapist, unlicensed health
19 professional, or unlicensed mental health professional for
20 sexual exploitation exists for a patient or former patient
21 for injury caused by sexual contact with the psychotherapist,
22 unlicensed health professional, or unlicensed mental health
23 professional, if the sexual contact occurred:
24 (1) during the period the patient was receiving
25 psychotherapy from the psychotherapist, or health services
26 from the unlicensed health professional, or mental health
27 services from the unlicensed mental health professional; or
28 (2) after the period the patient received psychotherapy
29 from the psychotherapist, or health services from the
30 unlicensed health professional, or mental health services
31 from the unlicensed mental health professional if (i) the
32 former patient was emotionally dependent on the
33 psychotherapist, unlicensed health professional, or
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1 unlicensed mental health professional or (ii) the sexual
2 contact occurred by means of therapeutic deception.
3 (b) The patient or former patient may recover damages
4 from a psychotherapist, unlicensed health professional, or
5 unlicensed mental health professional who is found liable for
6 sexual exploitation. It is not a defense to the action that
7 sexual contact with a patient occurred outside a therapy or
8 treatment session or that it occurred off the premises
9 regularly used by the psychotherapist, unlicensed health
10 professional, or unlicensed mental health professional for
11 therapy or treatment sessions.
12 (c) Whenever the Attorney General has probable cause to
13 believe (i) that a psychotherapist, unlicensed health
14 professional, or unlicensed mental health professional is
15 having or has had sexual contact with one or more patients or
16 clients or former patients or former clients while the
17 psychotherapist, unlicensed health professional, or
18 unlicensed mental health professional was licensed or
19 unlicensed and (ii) that the psychotherapist, unlicensed
20 health professional, or unlicensed mental health professional
21 poses a threat to the health, safety, or welfare of members
22 of the public who are or may be patients or clients of the
23 psychotherapist, unlicensed health professional, or
24 unlicensed mental health professional, the Attorney General
25 may bring an action in the name of the State against the
26 psychotherapist, unlicensed health professional, or
27 unlicensed mental health professional to restrain by
28 temporary restraining order or preliminary or permanent
29 injunction the psychotherapist, unlicensed health
30 professional, or unlicensed mental health professional from
31 providing, offering to provide, or representing himself or
32 herself as being able to provide psychotherapy, health
33 services, or mental health services.
34 At least 5 days prior to the commencement of any action
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1 brought under this Section, except when a temporary
2 restraining order is sought, the Attorney General shall
3 notify the psychotherapist, unlicensed health professional,
4 or unlicensed mental health professional of the Attorney
5 General's intended action and shall give the psychotherapist,
6 unlicensed health professional, or unlicensed mental health
7 professional an opportunity to confer with the Attorney
8 General or his or her representative in person or by counsel
9 or other representative as to the proposed action.
10 The notice shall be given by first-class mail, postage
11 prepaid, to the psychotherapist's, unlicensed health
12 professional's, or unlicensed mental health professional's
13 usual place of business or, if that person has no usual place
14 of business, to that person's last known address.
15 (d) The action may be brought either in the circuit
16 court of the county in which the conduct complained of
17 occurred or in the circuit court of the county in which the
18 psychotherapist, unlicensed health professional, or
19 unlicensed mental health professional resides or has his or
20 her principal place of business.
21 The court may issue temporary restraining orders or
22 preliminary or permanent injunctions and make other orders or
23 judgments it deems appropriate.
24 (e) No injunction shall be issued under this Section
25 unless the court finds that the defendant has had an
26 opportunity for an evidentiary hearing as to all contested
27 material issues of fact. Issues decided in a prior
28 evidentiary hearing in a court or in an administrative
29 proceeding may be applied to a proceeding under this Section
30 in compliance with the Code of Civil Procedure.
31 If the court issues an injunction against a
32 psychotherapist, unlicensed health professional, or
33 unlicensed mental health professional under this Section, the
34 court shall retain jurisdiction of the matter and the cause
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1 shall be continued. Any psychotherapist, unlicensed health
2 professional, or unlicensed mental health professional who is
3 ordered to refrain from certain conduct or activities in an
4 action brought under this Section may petition the court for
5 a modification or termination of the injunction upon 10 days
6 notice to the Attorney General.
7 (f) Any State's Attorney or other law enforcement office
8 receiving notice of any alleged violation of this Section or
9 violation of an injunction or order issued in an action
10 brought under this Section shall immediately forward written
11 notice of the alleged violation together with any information
12 that the State's Attorney or other law enforcement office may
13 have to the office of the Attorney General.
14 (g) In an action brought under this Section, whenever
15 the court issues a temporary restraining order or a
16 preliminary or permanent injunction ordering a defendant to
17 refrain from certain conduct or activities, the order shall
18 contain the following statement:
19 VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
20 The clerk shall transmit 2 certified copies of each such
21 order issued under this Section to each appropriate law
22 enforcement agency having jurisdiction over locations where
23 the defendant is alleged to have committed the act giving
24 rise to the action, and the law enforcement agency shall
25 serve one copy of the order on the defendant. Unless
26 otherwise ordered by the court, service shall be by
27 delivering a copy in hand to the defendant.
28 After any such order has been served on the defendant,
29 any violation of the order by the defendant is a Class 4
30 felony punishable by a fine of not more than $25,000.
31 Law enforcement agencies shall establish procedures
32 adequate to ensure that all officers responsible for the
33 enforcement of an order entered under this Section are
34 informed of the existence and terms of the order. Whenever
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1 any law enforcement officer has probable cause to believe
2 that a defendant has violated the provisions of this Section,
3 the officer has the authority to arrest the defendant.
4 Whenever the court vacates a temporary restraining order
5 or a preliminary or permanent injunction issued under this
6 Section, the clerk shall promptly notify in writing each
7 appropriate law enforcement agency that has been notified of
8 the issuance of the order and shall direct each such agency
9 to destroy all records of the vacated order. The law
10 enforcement agency shall comply with that directive.
11 (h) Nothing contained in this Section shall prohibit the
12 Attorney General in his or her discretion from bringing an
13 action for civil contempt against the defendant rather than
14 bringing criminal charges for an alleged violation of an
15 order issued under this Section as provided in subsection
16 (g). If the court finds that a psychotherapist, unlicensed
17 health professional, or unlicensed mental health professional
18 is in civil contempt by reason of an alleged violation of an
19 injunction or the order entered under this Section, the court
20 shall assess a civil penalty of not more than $10,000 for
21 each such violation found.
22 (Source: P.A. 85-1254.)
23 (740 ILCS 140/3) (from Ch. 70, par. 803)
24 Sec. 3. Liability of employer. An employer of a
25 psychotherapist, unlicensed health professional, or
26 unlicensed mental health professional may be liable under
27 Section 2 if the employer fails or refuses to take reasonable
28 action when the employer knows or has reason to know that the
29 psychotherapist, unlicensed health professional, or
30 unlicensed mental health professional engaged in sexual
31 contact with the plaintiff or any other patient or former
32 patient of the psychotherapist, unlicensed health
33 professional, or unlicensed mental health professional.
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1 (Source: P.A. 85-1254.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.