2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.001. Definitions

Sec. 81.001.  DEFINITIONS.  In this chapter:
(1)  "Mental health services" means assessment, diagnosis, treatment, or counseling in a professional relationship to assist an individual or group in:
(A)  alleviating mental or emotional illness, symptoms, conditions, or disorders, including alcohol or drug addiction;
(B)  understanding conscious or subconscious motivations;
(C)  resolving emotional, attitudinal, or relationship conflicts;  or
(D)  modifying feelings, attitudes, or behaviors that interfere with effective emotional, social, or intellectual functioning.
(2)  "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:
(A)  licensed social worker as defined by Section 505.002, Occupations Code;
(B)  chemical dependency counselor as defined by Section 504.001, Occupations Code;
(C)  licensed professional counselor as defined by Section 503.002, Occupations Code;
(D)  licensed marriage and family therapist as defined by Section 502.002, Occupations Code;
(E)  member of the clergy;
(F)  physician who is practicing medicine as defined by Section 151.002, Occupations Code;
(G)  psychologist offering psychological services as defined by Section 501.003, Occupations Code;  or
(H)  special officer for mental health assignment certified under Section 1701.404, Occupations Code.
(3)  "Patient" means an individual who seeks or obtains mental health services.  The term includes a person who has contact with a special officer for mental health assignment because of circumstances relating to the person's mental health.
(4)  "Sexual contact" means:
(A)  "deviate sexual intercourse" as defined by Section 21.01, Penal Code;
(B)  "sexual contact" as defined by Section 21.01, Penal Code;
(C)  "sexual intercourse" as defined by Section 21.01, Penal Code;  or
(D)  requests by the mental health services provider for conduct described by Paragraph (A), (B), or (C). "Sexual contact" does not include conduct described by Paragraph (A) or (B) that is a part of a professionally recognized medical treatment of a patient.
(5)  "Sexual exploitation" means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person.  The term does not include obtaining information about a patient's sexual history within standard accepted practice while treating a sexual or marital dysfunction.
(6)  "Therapeutic deception" means a representation by a mental health services provider that sexual contact with, or sexual exploitation by, the mental health services provider is consistent with, or a part of, a patient's or former patient's treatment.
(7)  "Mental health services," as defined by this section, provided by a member of the clergy does not include religious, moral, and spiritual counseling, teaching, and instruction.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1102, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.731, eff. Sept. 1, 2001.