2023 Illinois Compiled Statutes › Chapter 740 - CIVIL LIABILITIES › 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     intercourse or any intrusion, however slight, into the genital or anal openings of the patient's or former patient's body by any part of the psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's body or by any object used by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for that purpose, or any intrusion, however slight, into the genital or anal openings of the psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's body by any part of the patient's or former patient's body or by any object used by the patient or former patient for that purpose, if agreed to by the psychotherapist, unlicensed health professional, or unlicensed mental health professional;
(2) kissing or intentional touching by the     psychotherapist, unlicensed health professional, or unlicensed mental health professional  of the patient's or former patient's genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts;
(3) kissing or intentional touching by the patient or     former patient of the psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts if the psychotherapist, unlicensed health professional, or unlicensed mental health professional agrees to the kissing or intentional touching.
"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     psychotherapy from the psychotherapist, or health services from the unlicensed health professional, or mental health services from the unlicensed mental health professional; or
(2) after the period the patient received     psychotherapy from the psychotherapist, or health services from the unlicensed health professional, or mental health services from the unlicensed mental health professional if (i) the former patient was emotionally dependent on the psychotherapist, unlicensed health professional, or unlicensed mental health professional  or (ii) the sexual contact occurred by means of therapeutic deception.
(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.)