Michigan bans sexual contact between mental health professionals
and clients
Michigan
HB4525 becomes effective March 28, 2001
By Gerri Stowman,
February 7, 2001
Michigan legislators are amending the state’s penal code to
criminalize sexual contact by a "mental health
professional" with a client or patient. According to
information posted on the legislature’s web site, Enrolled House
Bill No. 4525 was approved by Governor John Engler on Jan. 16, 2001,
and becomes effective March 28, 2001.
The bill extends fourth-degree criminal sexual conduct penalties
to sexual contact by mental health professionals defined in the
Mental Health Code as individuals trained and experienced in the
area of mental illness or developmental diseases. It includes
physicians, psychologists, registered nurses, social workers, social
worker technicians, licensed professional counselors, and licensed
marriage and family therapists.
The bill specifies that the actor is a mental health professional
and the sexual contact occurred during or within two years after the
period in which the victim was the mental health professional’s
client or patient, assuming the victim was not his or her spouse.
The bill also amends the definition of sexual contact to include
the intentional touching of the victim’s or actor’s intimate
parts or clothing covering such parts, if that intentional touching
can reasonably be construed as being for the purpose of sexual
arousal or gratification, or in a sexual manner for revenge, to
inflict humiliation, or out of anger
In Michigan, fourth degree criminal sexual conduct is a
misdemeanor punishable by up to two years’ imprisonment, a maximum
fine of $500, or both.
Jean Doss of Capitol Services, Inc. reported to the Michigan
Counseling Association (MCA), that final passage was given in
December, 2000, just prior to adjournment of the 1999-2000
Legislative Session. Doss said the bill initially faced strong
opposition focused primarily on original language, which included
members of the clergy. It moved forward, she added, only after
"Representative Jon Jellema (R-Grand Haven) reluctantly agreed
to delete members of the clergy, spiritual counseling, and reporting
requirements from the bill."
Enrolled House Bill No. 4525:
http://198.109.122.10/txt/publicAct/1999-2000/pa050500.htm
Legislative Analysis:
http://www.michiganlegislature.org/txt/house.analysis.legis/1999-2000/H9h4525c.htm
Report prepared for MCA by Jean Doss of Capitol Services, Inc.:
http://www.washtenaw.cc.mi.us/orgs/mca/ppldec00.htm
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