§ 5-63.1-1. Definitions.
As used in this chapter:
(1) "Former patient� is a person who obtained a professional consultation or diagnostic
or therapeutic service from a mental-health professional within two (2) years prior
to sexual contact with the mental-health professional.
(2) "Mental-health professional� includes a licensed, an unlicensed, a certified, or an
uncertified or an in-training:
(i) Marriage and family therapist;
(ii) Mental-health counselor;
(iii) Psychiatric nurse;
(iv) Psychiatrist;
(v) Psychologist;
(vi) Social worker;
(vii) Chemical dependency professional; or
(viii) Any mental health or human service professional, or any other person, licensed or
unlicensed, certified or uncertified, rendering or offering to render services, for
the purpose of treating, diagnosing, or assessing mental or emotional disorders or
distress, modifying behaviors, or alleviating problems pertaining to interpersonal
relationships, work and life adjustment, and personal effectiveness that are caused
by mental or emotional disorders or distress.
(3) "Patient� is a person who obtains a professional consultation or diagnostic or therapeutic
service from a mental health professional.
(4)(i) "Sexual-abuse reporter� includes any mental health professional who has reasonable
cause to believe that a patient or former patient of another mental health professional
is having, or has had, sexual contact with that professional.
(ii) "Sexual-abuse reporter� does not include state employees who are exempted from the
reporting requirements of §â€‚5-63.1-2.
(5)(i) "Sexual contact� means any of the following, whether or not occurring with the consent
of a patient or former patient:
(A) 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 mental health professional's body or any object used by the mental
health professional for that purpose, or any intrusion, however slight, into the genital
or anal openings of the 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 consented to by the mental health professional;
(B) Sustained kissing of the mouth or kissing or intentional touching by the 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; or sustained
kissing of the mouth or kissing or intentional touching by the patient or former patient
of the mental health professional's genital area, groin, inner thigh, buttocks, or
breast or the clothing covering any of these body parts if the mental health professional
consents to the kissing or intentional touching;
(C) Exhibition by the mental health professional in view of the patient or former patient
of the mental health professional's genital area, groin, inner thigh, buttocks, or
breast; voyeurism by the mental health professional in the form of viewing the patient's
or former patient's genital area, groin, inner thigh, buttocks, or breast;
(D) Using the influence inherent in the mental health professional-patient or mental health
professional-former patient relationship to induce the patient or former patient to
engage in sexual contact with a third party.
(ii) "Sexual contact� does not include conduct described in the definition of sexual contact
that is in accordance with practices generally recognized as legitimate by the mental
health professions, casual social contact not intended to be sexual in character,
inadvertent touching, or conduct by a child protective investigator acting pursuant
to chapter 11 of title 40.
(6) "Subject� means the mental health professional named in a report as being suspected
of having sexual contact with a patient or former patient or who has been determined
to have engaged in sexual contact with a patient or former patient.