§ 5-63.1-2. Reports of sexual contact.
(a) If a mental health professional has reasonable cause to suspect that a patient he
or she has seen in the course of professional duties is a victim of sexual contact
by another mental health professional, or a person who holds himself or herself out
to be a mental health professional, as soon thereafter as practicable, the mental
health professional shall ask the patient if he or she wants to make a report or wants
the mental health professional to make a report under this section. If the patient
wants the mental health professional to make the report, the patient shall provide
the mental
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§ 5-63.1-2. Reports of sexual contact.
(a) If a mental health professional has reasonable cause to suspect that a patient he
or she has seen in the course of professional duties is a victim of sexual contact
by another mental health professional, or a person who holds himself or herself out
to be a mental health professional, as soon thereafter as practicable, the mental
health professional shall ask the patient if he or she wants to make a report or wants
the mental health professional to make a report under this section. If the patient
wants the mental health professional to make the report, the patient shall provide
the mental health professional with written consent to report.
(b) Within thirty (30) days after a patient consents under subsection (a) to a report,
the mental health professional shall report the suspected activity to:
(1) The professional's board of licensing, certification, registration, or equivalent
oversight authority, if the reporter believes the subject of the report is licensed
or certified by the state;
(2) In the case of state employees, to the governing agency of the state employee; or
(3) The attorney general's office if subsections (b)(1) and (b)(2) are not applicable.
(c) A report under this section shall contain only information that is necessary to identify
the reporter and subject and to express the suspicion that sexual contact has occurred.
(d) Any person required to make a written report under this section who fails to do so
shall be punished by a fine of not more than five hundred dollars ($500) and shall
be subject to discipline by the appropriate licensing board of registration or equivalent
oversight authority. Unlicensed mental health professionals shall be referred to the
attorney general's office.
(e) The attorney general shall establish, within the office's budget, a restricted-receipts
account for the limited purpose of receiving and retaining the fines assessed under
the provisions of this chapter. These funds shall be retained in the restricted-receipts
account to be used exclusively for programs established by the state and any subdivisions
of the state, or established by any municipality, for the purpose of assisting victims
of sexual misconduct that is perpetrated by mental health professionals.