PRIOR PRINTER'S NO. 1006 PRINTER'S NO. 2880
No. 894 Session of 1991
INTRODUCED BY DeWEESE, BLAUM, PICCOLA, HAGARTY, KUKOVICH,
LAUGHLIN, PISTELLA, NAHILL, PRESTON, CAPPABIANCA, HERMAN,
VEON, WAMBACH, SALOOM, BELARDI, KRUSZEWSKI, D. R. WRIGHT,
BELFANTI, STABACK, TRELLO, OLASZ, BATTISTO, GIGLIOTTI, MELIO,
DALEY, PESCI, HAYDEN, BARLEY, HARPER, VROON, BUNT, BILLOW,
CORRIGAN, SAURMAN, CALTAGIRONE, JAMES, DeLUCA, KOSINSKI AND
STUBAN, APRIL 2, 1991
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 10, 1991
AN ACT
1 Requiring reporting of sexual offenses by practitioners of the
2 healing arts and psychotherapists; providing immunity from <--
3 liability to persons who make reports; providing for the
4 automatic revocation OR SUSPENSION of the license of a <--
5 practitioner of the healing arts or psychotherapist who is
6 convicted of a sexual offense; and imposing a penalty; AND <--
7 MAKING A REPEAL.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Practitioner
12 and Psychotherapist Sexual Offense Reporting Act.
13 Section 2. Reports of suspected sexual offenses.
14 (a) Report by practitioner or psychotherapist.--If a
15 practitioner of the healing arts as defined in 18 Pa.C.S. § 3130
16 (relating to practitioner of the healing arts sexual offenses)
17 or a psychotherapist as defined in 18 Pa.C.S. § 3129 (relating
1 to psychotherapist sexual offenses) has reasonable cause to
2 suspect BELIEVE, on the basis of information provided by a <--
3 patient or client coming before him in his professional or
4 official capacity, that such patient or client is a victim of
5 sexual assault by another practitioner of the healing arts or
6 psychotherapist, as soon thereafter as is practicable, the
7 TREATING practitioner of the healing arts or psychotherapist <--
8 shall ask the patient or client if he or she wants the <--
9 practitioner of the healing arts or psychotherapist to make a
10 report under this act. If the patient or client wishes the
11 practitioner of the healing arts or psychotherapist to make the
12 report, the patient or client shall provide the practitioner of
13 the healing arts or psychotherapist with a written consent for
14 the report.
15 (b) Reporting procedure.--Within 30 days after a patient or
16 client consents to a report, the practitioner of the healing
17 arts or psychotherapist shall report the suspicion to both of
18 the following:
19 (1) The district attorney in the county in which the
20 suspected sexual offense occurred and the county in which the
21 suspected or accused practitioner of the healing arts or
22 psychotherapist practices.
23 (2) The appropriate licensure board within the Bureau of
24 Professional and Occupational Affairs or the proper
25 certification or registration organization.
26 (c) Contents of report.--A report under this section shall
27 contain only information that is necessary to identify the
28 reporter, the practitioner of the healing arts or
29 psychotherapist who is alleged to have committed the sexual
30 offense and the alleged victim and to express the suspicion that
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1 a sexual offense has occurred in violation of 18 Pa.C.S. § 3121
2 (relating to rape), 3123 (relating to involuntary deviate sexual
3 intercourse), 3126 (relating to indecent assault), 3129 or 3130.
4 (d) Penalty for failure to report.--A person who
5 intentionally violates this section by failing to report as
6 required commits a summary offense.
7 (e) Immunity from liability.--A practitioner of the healing
8 arts or psychotherapist or an employer of a practitioner of the
9 healing arts or psychotherapist who makes a report under this
10 section shall be immune from civil or criminal liability on
11 account of making the report, cooperating with an investigation
12 or giving testimony which results from the report unless the
13 report was made in bad faith or with a malicious purpose.
14 (f) Reporting exception where effect may be detrimental to
15 patient or client.--
16 (1) If the treating practitioner of the healing arts or
17 psychotherapist believes that immediate reporting would be
18 detrimental to the welfare of the patient or client, he may
19 defer reporting until he believes that reporting the alleged
20 offense will not harm the treatment process or for a period
21 not to exceed one year from the date the practitioner of the
22 healing arts or psychotherapist learned of the alleged
23 offense, whichever first occurs.
24 (2) The reporting procedure contained in subsection (b)
25 shall apply after the time to report is determined under
26 paragraph (1).
27 Section 3. Automatic revocation of license.
28 Upon conviction of a practitioner of the healing arts of a
29 sexual offense under 18 Pa.C.S. § 3121 (relating to rape), 3123
30 (relating to involuntary deviate sexual intercourse), 3126
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1 (relating to indecent assault) or 3130 (relating to practitioner
2 of the healing arts sexual offenses) or upon conviction of a
3 psychotherapist of a sexual offense under 18 Pa.C.S. § 3129
4 (relating to psychotherapist sexual offenses), the court shall
5 immediately order the automatic revocation of the license or
6 certification of the practitioner of the healing arts or
7 psychotherapist, as the case may be. A copy of the order shall
8 be included with the district attorney's notification to the
9 appropriate licensure board within the Bureau of Professional
10 and Occupation Affairs or certifying agency pursuant to section
11 4. Revocation under this section shall not be stayed pending any
12 appeal of a conviction. For the purposes of this section,
13 conviction includes a verdict of guilty or a plea of guilty or
14 nolo contendere. PROVIDE THE PATIENT OR CLIENT WITH INFORMATION <--
15 AS TO THE PROCEDURES TO BE UTILIZED TO REPORT SUCH INCIDENTS OF
16 SEXUAL ASSAULT TO APPROPRIATE LICENSING OR CERTIFICATION
17 AUTHORITIES AND LAW ENFORCEMENT AUTHORITIES. THE BUREAU OF
18 PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL DEVELOP, AND MAKE
19 AVAILABLE TO PRACTITIONERS OF THE HEALING ARTS AND
20 PSYCHOTHERAPISTS, INFORMATION AND FORMS WHICH CAN BE MADE
21 AVAILABLE TO A PATIENT OR CLIENT FOR THE PURPOSE OF PROVIDING
22 THE INFORMATION REQUIRED BY THIS SECTION.
23 (B) REPORTS BY PATIENT OR CLIENT.--NOTHING IN THIS SECTION
24 SHALL PROHIBIT A PATIENT OR CLIENT FROM INDEPENDENTLY MAKING A
25 REPORT PURSUANT TO THIS ACT IF THE PATIENT OR CLIENT DOES NOT
26 WISH TO PROCEED UNDER SUBSECTION (A).
27 (C) PENALTY.--A PRACTITIONER OF THE HEALING ARTS OR
28 PSYCHOTHERAPIST WHO VIOLATES THE PROVISIONS OF THIS SECTION
29 COMMITS A SUMMARY OFFENSE.
30 SECTION 3. REVOCATION OR SUSPENSION OF LICENSE; ORDER FOR
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1 TREATMENT.
2 (A) CONVICTION OF FELONY.--
3 (1) UPON CONVICTION OF A PRACTITIONER OF THE HEALING
4 ARTS OF A SEXUAL OFFENSE UNDER 18 PA.C.S. § 3121 (RELATING TO
5 RAPE), 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
6 INTERCOURSE), 3130(A) (RELATING TO SEXUAL ASSAULT BY A
7 PRACTITIONER OF THE HEALING ARTS) OR 3130(B) (RELATING TO
8 DEVIATE SEXUAL INTERCOURSE BY A PRACTITIONER OF THE HEALING
9 ARTS), OR UPON CONVICTION OF A PSYCHOTHERAPIST OF A SEXUAL
10 OFFENSE UNDER 18 PA.C.S. § 3121, 3123, 3129(A) (RELATING TO
11 SEXUAL ASSAULT BY A PSYCHOTHERAPIST) OR 3129(B) (RELATING TO
12 DEVIATE SEXUAL INTERCOURSE BY A PSYCHOTHERAPIST), THE LICENSE
13 OR CERTIFICATION OF THE PRACTITIONER OF THE HEALING ARTS OR
14 PSYCHOTHERAPIST SHALL BE AUTOMATICALLY REVOKED BY THE
15 APPROPRIATE LICENSING BOARD WITHIN THE BUREAU OF PROFESSIONAL
16 AND OCCUPATIONAL AFFAIRS OR BY THE APPROPRIATE CERTIFYING
17 AUTHORITY UPON RECEIPT OF THE REPORT REQUIRED UNDER SECTION
18 4.
19 (2) ANY OTHER PERSON CONVICTED OF THE CRIMES ENUMERATED
20 IN PARAGRAPH (1) SHALL BE PROHIBITED FROM APPLYING FOR
21 LICENSURE OR CERTIFICATION AS A PRACTITIONER OF THE HEALING
22 ARTS OR PSYCHOTHERAPIST FOR A PERIOD OF FIVE YEARS FROM THE
23 DATE OF CONVICTION. LICENSURE OR CERTIFICATION AFTER THE
24 EXPIRATION OF SUCH PERIOD SHALL BE SUBJECT TO THE PROVISIONS
25 OF SUBSECTION (G)(1).
26 (B) CONVICTION OF MISDEMEANOR.--
27 (1) UPON CONVICTION OF A PRACTITIONER OF THE HEALING
28 ARTS OF A SEXUAL OFFENSE UNDER 18 PA.C.S. § 3126 (RELATING TO
29 INDECENT ASSAULT), 3127 (RELATING TO INDECENT EXPOSURE) OR
30 3130(C) (RELATING TO INDECENT ASSAULT BY A PRACTITIONER OF
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1 THE HEALING ARTS), OR UPON CONVICTION OF A PSYCHOTHERAPIST
2 UNDER 18 PA.C.S. § 3126, 3127 OR 3129(C) (RELATING TO
3 INDECENT ASSAULT BY A PSYCHOTHERAPIST), THE LICENSE OR
4 CERTIFICATION OF THE PRACTITIONER OF THE HEALING ARTS OR
5 PSYCHOTHERAPIST SHALL BE AUTOMATICALLY SUSPENDED BY THE
6 APPROPRIATE LICENSING BOARD WITHIN THE BUREAU OR BY THE
7 APPROPRIATE CERTIFYING AUTHORITY UPON RECEIPT OF THE REPORT
8 REQUIRED UNDER SECTION 4.
9 (2) ANY OTHER PERSON CONVICTED OF THE CRIMES ENUMERATED
10 IN PARAGRAPH (1) SHALL BE PROHIBITED FROM APPLYING FOR
11 LICENSURE OR CERTIFICATION AS A PRACTITIONER OF THE HEALING
12 ARTS OR PSYCHOTHERAPIST UNLESS REINSTATED PURSUANT TO THE
13 PROVISIONS OF SUBSECTION (G)(2).
14 (C) TREATMENT IN IMPAIRED PROFESSIONAL PROGRAM.--WHEN
15 IMPOSING A SENTENCE FOR AN OFFENSE ENUMERATED IN SUBSECTION (A)
16 OR (B), THE COURT MAY ORDER TREATMENT OF THE PRACTITIONER OF THE
17 HEALING ARTS OR PSYCHOTHERAPIST UNDER AN APPROPRIATE IMPAIRED
18 PROFESSIONAL PROGRAM.
19 (D) COPY OF SENTENCING ORDER.--THE DISTRICT ATTORNEY WHO
20 OBTAINS A CONVICTION FOR AN OFFENSE ENUMERATED IN SUBSECTION (A)
21 OR (B) SHALL, WITHIN 30 DAYS OF SENTENCING OF THE PRACTITIONER
22 OF THE HEALING ARTS OR PSYCHOTHERAPIST, SEND A CERTIFIED COPY OF
23 THE SENTENCING ORDER TO THE APPROPRIATE LICENSURE BOARD WITHIN
24 THE BUREAU OR CERTIFYING AUTHORITY.
25 (E) STAY OF REVOCATION OR SUSPENSION PENDING APPEAL OF
26 CONVICTION.--
27 (1) AN ORDER OF REVOCATION UNDER THIS SECTION SHALL NOT
28 BE STAYED PENDING ANY APPEAL OF A CONVICTION OF AN OFFENSE
29 ENUMERATED IN SUBSECTION (A).
30 (2) AN ORDER OF SUSPENSION UNDER THIS SECTION SHALL NOT
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1 BE STAYED PENDING ANY APPEAL OF A CONVICTION OF AN OFFENSE
2 ENUMERATED IN SUBSECTION (B).
3 (F) CONVICTION IN OTHER JURISDICTIONS.--
4 (1) CONVICTION OF AN OFFENSE UNDER THE LAWS OF ANOTHER
5 JURISDICTION, WHICH, IF COMMITTED IN THIS COMMONWEALTH, WOULD
6 BE A FELONY ENUMERATED IN SUBSECTION (A) SHALL RESULT IN
7 AUTOMATIC REVOCATION OF THE LICENSE OR CERTIFICATION OF THE
8 PRACTITIONER OF THE HEALING ARTS OR PSYCHOTHERAPIST SO
9 CONVICTED.
10 (2) CONVICTION OF AN OFFENSE UNDER THE LAWS OF ANOTHER
11 JURISDICTION, WHICH, IF COMMITTED IN THIS COMMONWEALTH, WOULD
12 BE A MISDEMEANOR ENUMERATED IN SUBSECTION (B) SHALL RESULT IN
13 AUTOMATIC SUSPENSION OF THE LICENSE OR CERTIFICATION OF THE
14 PRACTITIONER OF THE HEALING ARTS OR PSYCHOTHERAPIST.
15 (G) REINSTATEMENT OF LICENSE OR CERTIFICATION.--
16 (1) A PRACTITIONER OF THE HEALING ARTS OR
17 PSYCHOTHERAPIST WHOSE LICENSE IS REVOKED UNDER SUBSECTION (A)
18 OR (F)(1) MAY APPLY FOR REINSTATEMENT AFTER A PERIOD OF FIVE
19 YEARS FROM THE DATE OF CONVICTION. THE LICENSE OR
20 CERTIFICATION SHALL NOT BE REINSTATED UNLESS THE LICENSING OR
21 CERTIFYING AUTHORITY IS SATISFIED THAT THE PRACTITIONER OF
22 THE HEALING ARTS OR PSYCHOTHERAPIST HAS MADE SIGNIFICANT
23 PROGRESS IN PERSONAL REHABILITATION SINCE CONVICTION, SUCH
24 THAT REINSTATEMENT SHOULD NOT BE EXPECTED TO CREATE A
25 SUBSTANTIAL RISK OF HARM TO THE HEALTH AND SAFETY OF HIS
26 PATIENTS OR CLIENTS OR THE PUBLIC, AND IF ALL OTHER LICENSING
27 OR CERTIFICATION REQUIREMENTS, INCLUDING ANY EXAMINATION
28 REQUIREMENT, ARE MET.
29 (2) A PRACTITIONER OF THE HEALING ARTS OR
30 PSYCHOTHERAPIST WHO IS CONVICTED UNDER SUBSECTION (B) OR
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1 (F)(2) SHALL BE SUSPENDED FOR A PERIOD TO BE DETERMINED BY
2 THE APPROPRIATE LICENSING OR CERTIFYING AUTHORITY, PROVIDED
3 THAT THE PERIOD OF SUSPENSION OR OTHER DISCIPLINARY OR
4 CORRECTIVE ACTION SHALL NOT EXPIRE UNTIL THE LICENSING OR
5 CERTIFYING AUTHORITY IS SATISFIED THAT THE PRACTITIONER OF
6 THE HEALING ARTS OR PSYCHOTHERAPIST HAS MADE SIGNIFICANT
7 PROGRESS IN PERSONAL REHABILITATION, SUCH THAT REINSTATEMENT
8 SHOULD NOT BE EXPECTED TO CREATE A SUBSTANTIAL RISK OF HARM
9 TO THE HEALTH AND SAFETY OF HIS PATIENTS OR CLIENTS OR THE
10 PUBLIC.
11 (H) AUTHORITY OF LICENSING OR CERTIFYING AUTHORITY.--NOTHING
12 IN THIS SECTION SHALL PROHIBIT A LICENSING BOARD WITHIN THE
13 BUREAU OR AN APPROPRIATE CERTIFYING AUTHORITY FROM DENYING,
14 REVOKING OR SUSPENDING THE LICENSE OR CERTIFICATION OF A
15 PRACTITIONER OF THE HEALING ARTS OF PSYCHOTHERAPIST OR FROM
16 IMPOSING OTHER DISCIPLINARY OR CORRECTIVE ACTION AGAINST A
17 PRACTITIONER OF THE HEALING ARTS OR PSYCHOTHERAPIST RELATING TO
18 OFFENSES ENUMERATED IN THIS SECTION.
19 (I) INJUNCTION AGAINST NONLICENSED OR NONCERTIFIED
20 PRACTITIONERS OF THE HEALING ARTS AND PSYCHOTHERAPISTS.--IN THE
21 EVENT THAT A PRACTITIONER OF THE HEALING ARTS OR PSYCHOTHERAPIST
22 CONVICTED OF AN OFFENSE ENUMERATED UNDER SUBSECTION (A) OR (B)
23 IS NOT SUBJECT TO REVOCATION OR SUSPENSION OF A LICENSE OR
24 CERTIFICATION, THE COURT, UPON CONVICTION, SHALL ENJOIN THE
25 PRACTITIONER OF THE HEALING ARTS OR PSYCHOTHERAPIST FROM THE
26 PRACTICE OF ALL OR ANY OF THE DUTIES OF HIS PROFESSION OR
27 OCCUPATION UNTIL SUCH TIME AS THE PRACTITIONER OF THE HEALING
28 ARTS OR PSYCHOTHERAPIST DEMONSTRATES TO THE COURT THAT
29 RESUMPTION OF THE PRACTICE OF HIS DUTIES WILL NOT CREATE A
30 SUBSTANTIAL RISK OF HARM TO THE HEALTH AND SAFETY OF HIS
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1 PATIENTS OR CLIENTS OR THE PUBLIC.
2 (J) DEFINITION.--AS USED IN THIS SECTION, THE TERM
3 "CONVICTION" INCLUDES A JUDGMENT, VERDICT OF GUILT, ADMISSION OF
4 GUILT OR PLEA OF NOLO CONTENDERE AND ALSO INCLUDES ENTRY INTO
5 ACCELERATED REHABILITATIVE DISPOSITION FOR A FELONY OFFENSE.
6 Section 4. Report of district attorney required.
7 The district attorney prosecuting an offense under 18 Pa.C.S.
8 § 3121 (relating to rape), 3123 (relating to involuntary deviate
9 sexual intercourse), 3126 (relating to indecent assault), 3129
10 (relating to psychotherapist sexual offenses) or 3130 (relating
11 to practitioner of the healing arts sexual offenses) shall, upon
12 conviction of the practitioner of the healing arts or
13 psychotherapist, report the conviction, in writing, within 30
14 days after the conviction, to the following:
15 (1) The Secretary of the United States Department of <--
16 Health and Human Services.
17 (2) (1) The licensure board within the Bureau of <--
18 Professional and Occupational Affairs or registration or
19 certification organization, if any, which issued the
20 practitioner's or psychotherapist's license, certification or
21 registration.
22 (3) (2) The professional organization with which the <--
23 practitioner of the healing arts or psychotherapist is
24 affiliated.
25 (4) (3) The present employer of the practitioner of the <--
26 healing arts or psychotherapist and the employer of the
27 practitioner of the healing arts or psychotherapist at the
28 time of the alleged sexual offense, if such employer is not
29 the present employer.
30 Section 5. Duties of Bureau of Professional and Occupational
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1 Affairs.
2 The Bureau of Professional and Occupational Affairs shall <--
3 notify licensees affected by this act of its provisions and
4 provide to such licensees a standard form for meeting the
5 reporting requirements of this act.
6 THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL <--
7 HAVE THE POWER AND ITS DUTY SHALL BE TO:
8 (1) NOTIFY LICENSEES AFFECTED BY THIS ACT OF ITS
9 PROVISIONS AND PROVIDE TO THE LICENSEES STANDARD FORMS FOR
10 MEETING REPORTING REQUIREMENTS OF THIS ACT AND FOR PROVIDING
11 PATIENTS OR CLIENTS WITH THE TOLL-FREE TELEPHONE NUMBER AND
12 ADDRESS OF THE BUREAU.
13 (2) PREPARE AND DISSEMINATE INFORMATION, UPON REQUEST,
14 TO VICTIMS OF SEXUAL ASSAULT BY PRACTITIONERS OF THE HEALING
15 ARTS OR PSYCHOTHERAPISTS. THE INFORMATION SHALL INCLUDE, BUT
16 NOT BE LIMITED TO, A DESCRIPTION OF THE RIGHTS OF AND
17 REMEDIES FOR SUCH VICTIMS.
18 SECTION 6. PRIVILEGE OF CONFESSIONAL.
19 THE PROVISIONS OF THIS ACT SHALL NOT BE CONSTRUED TO APPLY TO
20 ANY INFORMATION DISCLOSED IN THE CONFESSIONAL.
21 SECTION 7. REPEALS.
22 THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE
23 MEDICAL PRACTICE ACT OF 1985, IS REPEALED INSOFAR AS IT IS
24 INCONSISTENT WITH THIS ACT.
25 Section 6 8. Effective date. <--
26 This act shall take effect in 60 days.
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