740 ILCS 140/ Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act.
(740 ILCS 140/0.01) (from Ch. 70, par. 800) Sec. 0.01. Short title. This Act may be cited as the Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act. (Source: P.A. 90‑538, eff. 12‑1‑97.) |
(740 ILCS 140/1) (from Ch. 70, par. 801) Sec. 1. Definitions. In this Act: (a) "Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist, unlicensed health professional, or unlicensed mental health professional are such that the psychotherapist, unlicensed health professional, or unlicensed mental health professional knows or has reason to believe that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist, unlicensed health professional, or unlicensed mental health professional. (b) "Former patient" means a person who was given psychotherapy within 1 year prior to sexual contact with the psychotherapist or who obtained a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional within one year prior to sexual contact with the unlicensed health professional or unlicensed mental health professional. (c) "Patient" means a person who seeks or obtains psychotherapy or who obtains a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional. (d) "Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, or other person, whether or not licensed by the State, who performs or purports to perform psychotherapy. (e) "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition. "Psychotherapy" does not include counseling of a spiritual or religious nature, social work, or casual advice given by a friend or family member. (f) "Sexual contact" means any of the following, whether or not occurring with the consent of a patient or former patient: (1) sexual intercourse, cunnilingus, fellatio, anal | ||
| ||
(2) kissing or intentional touching by the | ||
| ||
(3) kissing or intentional touching by the patient | ||
| ||
"Sexual contact" includes a request by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for conduct described in paragraphs (1) through (3). "Sexual contact" does not include conduct described in paragraph (1) or (2) that is a part of standard medical treatment of a patient, casual social contact not intended to be sexual in character, or inadvertent touching. (g) "Therapeutic deception" means a representation by a psychotherapist, unlicensed health professional, or unlicensed mental health professional that sexual contact with the psychotherapist, unlicensed health professional, or unlicensed mental health professional is consistent with or part of the patient's or former patient's treatment. (h) "Unlicensed health professional" means a person who is not licensed or registered to provide health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing health services or whose license or registration to provide health services has been returned or revoked by the Department or that board. (i) "Unlicensed mental health professional" means a person who is not licensed or registered to provide mental health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing mental health services or whose license or registration to provide mental health services has been returned or revoked by the Department or that board. (Source: P.A. 90‑538, eff. 12‑1‑97.) |
(740 ILCS 140/2) (from Ch. 70, par. 802) Sec. 2. Cause of action for sexual exploitation. (a) A cause of action against a psychotherapist, unlicensed health professional, or unlicensed mental health professional for sexual exploitation exists for a patient or former patient for injury caused by sexual contact with the psychotherapist, unlicensed health professional, or unlicensed mental health professional, if the sexual contact occurred: (1) during the period the patient was receiving | ||
| ||
(2) after the period the patient received | ||
| ||
(b) The patient or former patient may recover damages from a psychotherapist, unlicensed health professional, or unlicensed mental health professional who is found liable for sexual exploitation. It is not a defense to the action that sexual contact with a patient occurred outside a therapy or treatment session or that it occurred off the premises regularly used by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for therapy or treatment sessions. (c) Whenever the Attorney General has probable cause to believe (i) that a psychotherapist, unlicensed health professional, or unlicensed mental health professional is having or has had sexual contact with one or more patients or clients or former patients or former clients while the psychotherapist, unlicensed health professional, or unlicensed mental health professional was licensed or unlicensed and (ii) that the psychotherapist, unlicensed health professional, or unlicensed mental health professional poses a threat to the health, safety, or welfare of members of the public who are or may be patients or clients of the psychotherapist, unlicensed health professional, or unlicensed mental health professional, the Attorney General may bring an action in the name of the State against the psychotherapist, unlicensed health professional, or unlicensed mental health professional to restrain by temporary restraining order or preliminary or permanent injunction the psychotherapist, unlicensed health professional, or unlicensed mental health professional from providing, offering to provide, or representing himself or herself as being able to provide psychotherapy, health services, or mental health services. At least 5 days prior to the commencement of any action brought under this Section, except when a temporary restraining order is sought, the Attorney General shall notify the psychotherapist, unlicensed health professional, or unlicensed mental health professional of the Attorney General's intended action and shall give the psychotherapist, unlicensed health professional, or unlicensed mental health professional an opportunity to confer with the Attorney General or his or her representative in person or by counsel or other representative as to the proposed action. The notice shall be given by first‑class mail, postage prepaid, to the psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's usual place of business or, if that person has no usual place of business, to that person's last known address. (d) The action may be brought either in the circuit court of the county in which the conduct complained of occurred or in the circuit court of the county in which the psychotherapist, unlicensed health professional, or unlicensed mental health professional resides or has his or her principal place of business. The court may issue temporary restraining orders or preliminary or permanent injunctions and make other orders or judgments it deems appropriate. (e) No injunction shall be issued under this Section unless the court finds that the defendant has had an opportunity for an evidentiary hearing as to all contested material issues of fact. Issues decided in a prior evidentiary hearing in a court or in an administrative proceeding may be applied to a proceeding under this Section in compliance with the Code of Civil Procedure. If the court issues an injunction against a psychotherapist, unlicensed health professional, or unlicensed mental health professional under this Section, the court shall retain jurisdiction of the matter and the cause shall be continued. Any psychotherapist, unlicensed health professional, or unlicensed mental health professional who is ordered to refrain from certain conduct or activities in an action brought under this Section may petition the court for a modification or termination of the injunction upon 10 days notice to the Attorney General. (f) Any State's Attorney or other law enforcement office receiving notice of any alleged violation of this Section or violation of an injunction or order issued in an action brought under this Section shall immediately forward written notice of the alleged violation together with any information that the State's Attorney or other law enforcement office may have to the office of the Attorney General. (g) In an action brought under this Section, whenever the court issues a temporary restraining order or a preliminary or permanent injunction ordering a defendant to refrain from certain conduct or activities, the order shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. The clerk shall transmit 2 certified copies of each such order issued under this Section to each appropriate law enforcement agency having jurisdiction over locations where the defendant is alleged to have committed the act giving rise to the action, and the law enforcement agency shall serve one copy of the order on the defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant. After any such order has been served on the defendant, any violation of the order by the defendant is a Class 4 felony punishable by a fine of not more than $25,000. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of an order entered under this Section are informed of the existence and terms of the order. Whenever any law enforcement officer has probable cause to believe that a defendant has violated the provisions of this Section, the officer has the authority to arrest the defendant. Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under this Section, the clerk shall promptly notify in writing each appropriate law enforcement agency that has been notified of the issuance of the order and shall direct each such agency to destroy all records of the vacated order. The law enforcement agency shall comply with that directive. (h) Nothing contained in this Section shall prohibit the Attorney General in his or her discretion from bringing an action for civil contempt against the defendant rather than bringing criminal charges for an alleged violation of an order issued under this Section as provided in subsection (g). If the court finds that a psychotherapist, unlicensed health professional, or unlicensed mental health professional is in civil contempt by reason of an alleged violation of an injunction or the order entered under this Section, the court shall assess a civil penalty of not more than $10,000 for each such violation found. (Source: P.A. 90‑538, eff. 12‑1‑97.) |
(740 ILCS 140/3) (from Ch. 70, par. 803) Sec. 3. Liability of employer. An employer of a psychotherapist, unlicensed health professional, or unlicensed mental health professional may be liable under Section 2 if the employer fails or refuses to take reasonable action when the employer knows or has reason to know that the psychotherapist, unlicensed health professional, or unlicensed mental health professional engaged in sexual contact with the plaintiff or any other patient or former patient of the psychotherapist, unlicensed health professional, or unlicensed mental health professional. (Source: P.A. 90‑538, eff. 12‑1‑97.) |
(740 ILCS 140/4) (from Ch. 70, par. 804) Sec. 4. Scope of discovery. (a) In an action for sexual exploitation, evidence of the plaintiff's sexual history is not subject to discovery except when the plaintiff claims damage to sexual functioning; or (1) the defendant requests a hearing prior to conducting discovery and makes an offer of proof of the relevancy of the history; and (2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect. (b) The court shall allow the discovery only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is subject to discovery. (Source: P.A. 85‑1254.) |
(740 ILCS 140/5) (from Ch. 70, par. 805) Sec. 5. Admission of evidence. (a) In an action for sexual exploitation, evidence of the plaintiff's sexual history is not admissible except when: (1) the defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and (2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect. (b) The court shall allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced. (c) Violation of the terms of the order may be grounds for a new trial. (Source: P.A. 85‑1254.) |
(740 ILCS 140/6) (from Ch. 70, par. 806) Sec. 6. Limitation period. An action for sexual exploitation shall be commenced within 2 years after the cause of action arises. (Source: P.A. 85‑1254.) |
(740 ILCS 140/7) (from Ch. 70, par. 807) Sec. 7. Application. This Act applies only to causes of action arising on or after its effective date. (Source: P.A. 85‑1254.) |