An Act To Protect Patients from Sexual Exploitation
Maine Legislature, Session 127, LD 0792
Committee: Criminal Justice and Public Safety
Sponsors: SAWICKI, BRAKEY, BROOKS, CHACE, FREDETTE, O'CONNOR, PIERCE, SANDERSON, CUSHING, DIAMOND
Amends: 17-A MRSA §251, 17-A MRSA §253, 17-A MRSA §255-A, 17-A MRSA §260

Legislative Document 
No. 792 
H.P. 541 
House of Representatives, March 10, 2015 
An Act To Protect Patients from Sexual Exploitation 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SAWICKI of Auburn. 
Cosponsored by Senator BRAKEY of Androscoggin and 
Representatives: BROOKS of Lewiston, CHACE of Durham, FREDETTE of Newport, 
O'CONNOR of Berwick, PIERCE of Dresden, SANDERSON of Chelsea, Senators: 
CUSHING of Penobscot, DIAMOND of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §251, sub-§1, ¶H is enacted to read: 
H.  "Health care services provider" means: 
(1)  A physician licensed under Title 32, chapter 48; 
(2)  An osteopathic physician licensed under Title 32, chapter 36; 
(3)  A chiropractor licensed under Title 32, chapter 9; 
(4)  A physical therapist licensed under Title 32, chapter 45-A; 
(5)  A physician assistant licensed under Title 32, chapter 48; or 
(6)   A nurse licensed under Title 32, chapter 31. 
Sec. 2.  17-A MRSA §253, sub-§2, ¶I, as repealed and replaced by PL 2011, c. 
691, Pt. A, §13, is amended to read: 
I.  The actor is a psychiatrist health care services provider, a psychologist or licensed 
as a social worker or purports to be a psychiatrist health care services provider, a 
psychologist or licensed as a social worker to the other person and the other person, 
not the actor's spouse, is a current patient or client of the actor.  Violation of this 
paragraph is a Class C crime; 
Sec. 3.  17-A MRSA §255-A, sub-§1, ¶U, as repealed and replaced by PL 2011, 
c. 691, Pt. A, §14, is amended to read: 
U.  The actor is a psychiatrist health care services provider, a psychologist or licensed 
as a social worker or purports to be a psychiatrist health care services provider, a 
psychologist or licensed as a social worker to the other person and the other person, 
not the actor's spouse, is a current patient or client of the actor.  Violation of this 
paragraph is a Class D crime; 
Sec. 4.  17-A MRSA §255-A, sub-§1, ¶V, as repealed and replaced by PL 2011, 
c. 691, Pt. A, §15, is amended to read: 
V.  The actor is a psychiatrist health care services provider, a psychologist or licensed 
as a social worker or purports to be a psychiatrist health care services provider, a 
psychologist or licensed as a social worker to the other person and the other person, 
not the actor's spouse, is a current patient or client of the actor and the sexual contact 
includes penetration.  Violation of this paragraph is a Class C crime; 
Sec. 5.  17-A MRSA §260, sub-§1, ¶K, as repealed and replaced by PL 2011, c. 
691, Pt. A, §16, is amended to read: 
K.  The actor is a psychiatrist health care services provider, a psychologist or licensed 
as a social worker or purports to be a psychiatrist health care services provider, a 
psychologist or licensed as a social worker to the other person and the other person, 
not the actor's spouse, is a current patient or client of the actor.  Violation of this 
paragraph is a Class D crime; 
SUMMARY 
Current laws regarding gross sexual assault, unlawful sexual contact and unlawful 
sexual touching prohibit relationships or contact by a person who is a psychiatrist, a 
psychologist or licensed as a social worker or a person who purports to be a psychiatrist, 
a psychologist or licensed as a social worker with a current patient or client.  This bill 
amends the laws regarding gross sexual assault, unlawful sexual contact and unlawful 
sexual touching by adding additional medical professionals licensed under the Maine 
Revised Statutes, Title 32 to the list of persons prohibited from having certain 
relationships or contact with patients and adds the definition of "health care services 
providers" to Title 17-A, chapter 11.  "Health care services providers" includes 
physicians, osteopathic physicians, chiropractors, physical therapists, physician assistants 
and nurses.