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House Bill 4525 (As Introduced)

Contact:  Office of Policy and Legislative Affairs
Agency: Energy, Labor & Economic Growth


Analysis

Sponsor: Representative Jon Jellema

Topic: Amends the Michigan Penal Code (MCL 750.520e et al) regarding sexual contact between mental health professionals and their patients, and between members of the clergy and their flock.

Committee: Criminal Law and Corrections

The bill would make sexual penetration or contact between mental health professionals and their patients, or members of the clergy and their flock a criminal offense, regardless of whether or not the sexual activity was consensual.

Mental health professional Member of the clergy

A "mental health professional" means either of the following:

• that term, as defined in section 100B of the Mental Health Code, 1974 PA 258, MCL 330.1100B.

• an individual who holds himself or herself out as being a mental health professional as defined in section 100B of the Mental Health Code, 1974 PA 258, MCL 330.1100B.

The bill would apply to mental health professionals who provide emotional or mental health services or treatment, defined as "...assessment, diagnosis, treatment, or counseling of a client or patient for a mental or emotional illness, symptom, or disorder or to understand unconscious or conscious motivation, to resolve emotional relationship, or attitudinal conflicts, or to modify behaviors that interfere with effective emotional, social, or intellectual functioning."

A "member of the clergy" means any of the following:

• an individual who is ordained or recognized as a religious leader by a church, denomination, religious association, or religious sect.

• a lay person who provides spiritual guidance, aid, or comfort on behalf of a church.

• an individual who serves as a youth pastor, youth counselor, or camp counselor, or a substantially similar position for a church, denomination, religious association, or religious sect.

• an individual who holds himself or herself out as being an individual described as above.

The bill would apply to members of the clergy who "....provide emotional or mental health services or treatment, spiritual counseling, spiritual advice, or aid and comfort to the victim...."

Additional provisions and punitive actions

In both cases, the mental health professional or clergy will have committed a felony (third degree criminal sexual conduct if penetration occurs) or a misdemeanor (fourth degree criminal sexual conduct if sexual contact occurs) during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse.

According to HB 4525, if a mental health professional or member of the clergy has reason to believe that an individual he or she is treating, counseling, or advising has been victimized by another mental health care professional or member of the clergy , he or she must promptly ask the individual if the victim wants him/her to make a report regarding the allegations. The victim must be assured that his/her name will be kept confidential in the report which will be filed with the Department of State Police and the police department of the local unit of government in which the violation allegedly occurred.

Intentionally failing to file the report is a misdemeanor, as is the intentional disclosure of confidential information.

HB 4525 is tie-barred to HB 4526, and would take effect on June 1, 2000.

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