§ 13H3/4 — Indecent assault or battery on patient or client by health care provider or clergy

[ Text of section added by 2024, 167, Sec. 7 effective November 6, 2024.]Section 13H3/4. (a) For the purposes of this section, "health care provider'' shall mean a person licensed by the commonwealth to provide health care as a physician, dentist, registered or licensed nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, social worker or acupuncturist acting in the scope and course of their employment.(b) A person who is, or holds themselves out to be, a health care provider or clergy member and commits an indecent assault and battery on a patient or client during the course of diagnosis, counseling or treatment shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in a house of correction for not more than 2 1/2 years. In a prosecution commenced under this section, the patient or client shall be deemed incapable of consenting to contact of a sexual nature when consent was procured by a false representation that such contact was for a legitimate medical, counseling or treatment purpose and not consistent with generally accepted principles of professional medical practice.