§ 5-63.1-1 - Definitions.
SECTION 5-63.1-1
§ 5-63.1-1 Definitions. – As used in this chapter:
(1) "Former patient" is a person who obtained a professionalconsultation or diagnostic or therapeutic service from a mental healthprofessional within two (2) years prior to sexual contact with the mentalhealth professional.
(2) "Mental health professional" includes a licensed, anunlicensed, a certified, or an uncertified or an in-training:
(i) Marriage and family therapist;
(ii) Mental health counselor;
(iii) Psychiatric nurse;
(iv) Psychiatrist;
(v) Psychologist;
(vi) Social worker;
(vii) Chemical dependency professional; or
(viii) Any mental health or human service professional, orany other person licensed or unlicensed, certified or uncertified rendering oroffering to render services for the purpose of treating, diagnosing orassessing mental or emotional disorders or distress, modifying behaviors, oralleviating problems pertaining to interpersonal relationships, work and lifeadjustment, and personal effectiveness which are caused by mental or emotionaldisorders or distress.
(3) "Patient" is a person who obtains a professionalconsultation or diagnostic or therapeutic service from a mental healthprofessional.
(4) "Sexual abuse reporter" includes any mental healthprofessional who has reasonable cause to believe that a patient or formerpatient of another mental health professional is having or has had sexualcontact with that professional.
(ii) "Sexual abuse reporter" does not include state employeeswho are exempted from the reporting requirements of § 5-63.1-2.
(5) "Sexual contact" means any of the following, whether ornot occurring with the consent of a patient or former patient:
(A) Sexual intercourse, cunnilingus, fellatio, analintercourse or any intrusion, however slight, into the genital or anal openingsof the patient's or former patient's body by any part of the mental healthprofessional's body or any object used by the mental health professional forthat purpose, or any intrusion, however slight, into the genital or analopenings of the mental health professional's body by any part of the patient'sor former patient's body or by any object used by the patient or former patientfor that purpose, if consented to by the mental health professional;
(B) Sustained kissing of the mouth or kissing or intentionaltouching by the mental health professional of the patient's or former patient'sgenital area, groin, inner thigh, buttocks, or breast or the clothing coveringany of these body parts; or sustained kissing of the mouth or kissing orintentional touching by the patient or former patient of the mental healthprofessional's genital area, groin, inner thigh, buttocks, or breast or theclothing covering any of these body parts if the mental health professionalconsents to the kissing or intentional touching;
(C) Exhibition by the mental health professional in view ofthe patient or former patient of the mental health professional's genital area,groin, inner thigh, buttocks, or breast; Voyeurism by the mental healthprofessional in the form of viewing the patient's or former patient's genitalarea, groin, inner thigh, buttocks, or breast;
(D) Using the influence inherent in the mental healthprofessional-patient or mental health professional-former patient relationshipto induce the patient or former patient to engage in sexual contact with athird party.
(ii) "Sexual contact" does not include conduct described inthe definition of sexual contact that is in accordance with practices generallyrecognized as legitimate by the mental health professions, casual socialcontact not intended to be sexual in character, inadvertent touching, orconduct by a child protective investigator acting pursuant to chapter 11 oftitle 40.
(6) "Subject" means the mental health professional named in areport as being suspected of having sexual contact with a patient or formerpatient or who has been determined to have engaged in sexual contact with apatient or former patient.