Ohio Senator's bill to criminalize sexual
exploitation by mental health professionals
124th General Assembly Regular Session
2001-2002
Senate
Bill 9
by Donna VonDenBosch and
AdvocateWeb Editors
February 2, 2001
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Ohio State Senator Robert Spada is introducing legislation in his
state that will criminalize sexual exploitation of a mental health
client or patient by mental health professionals. The bill, SB 9,
was introduced on January 30, 2001, and the senator’s office hopes
it will be referred to the Senate Criminal Justice Committee within
a week.
According to Michele Hulse, legislative aide for Senator Spada,
the bill requires that a mental health official who is found guilty
of engaging in sexual misconduct with a patient or client will be
charged with a misdemeanor one for sexual conduct and a misdemeanor
two for sexual contact. Repeat offenders will be charged with
felonies. The bill also makes changes to the Ohio State Board of
Psychology that includes adding three patient advocates.
"Having this bill introduced as one to the ‘top ten’
sends a pretty clear and strong message that it is important,"
says Hulse. The bill was first introduced last year as Senate
Bill 253. While it passed the Senate, it ran into difficulty while in
committee in the Ohio House of Representatives.
Unlike similar legislation in other states, SB 9 is limited to
mental health professionals and their immediate clients or patients.
Hulse says the senator believes mental health professionals are a
special group who have unique control over their patients/clients.
The bill also does not prohibit a sexual relationship for two
years following the end of a professional relationship, as does the
professional code of ethics for counselors and psychologists. Hulse
explains, "Senator Spada did not want to impose criminal
penalties on the mental health professional who truly may fall in
love with his or her patient, and is willing to give up his or her
license or receive any other type of professional penalty that comes
from the desire to have a personal relationship with a former
patient."
Spada’s bill specifies that if a complaint is filed with the
State Board of Psychology alleging that a licensed psychologist or
school psychologist has engaged in sexual misconduct with a patient,
the board must send notice of the facts in the complaint to the
legal authorities with jurisdiction to prosecute any violation of
law resulting from the sexual misconduct.
In addition, the bill requires the State Board of Psychology to
provide access through the Internet to the names of all licensed
psychologists and school psychologists who have been reprimanded by
the board, and those whose licenses have been suspended or revoked.
The reason for each reprimand, suspension, or revocation in relation
to sexual misconduct with a client or patient must also be posted.
If the board imposes a sanction other than a license suspension or
revocation, the reasons for the sanction imposed and for deciding
that neither suspension nor revocation was appropriate are also to
be available on the Internet.
Hulse says the biggest obstacle to overcome in getting the bill
passed during this General Assembly is convincing legislators that
such relationships are not "consensual." She is looking
for witnesses and experts who can testify that meaningful consent is
impossible in these circumstances, and that consequences can be
devastating for patients/clients.
Hulse can be reached at mhulse@mailr.sen.state.oh.us
or 614-466-8056. A copy of the bill is posted at www.legislature.state.oh.us.
Want to be notified about updates regarding this Bill?
Send an email to sb9@advocateweb.org
for more information.
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Disclaimer
Exploitation
