Texas Civil Practice and Remedies Code

§ 81.003 — LIABILITY OF EMPLOYER

CP § 81.003Title 4. LIABILITY IN TORT · Ch. 81. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER

Statute text

(a)An employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages if the patient or former patient is injured as described by Section 81.002 and the employer:

(1)fails to make inquiries of an employer or former employer, whose name and address have been disclosed to the employer and who employed the mental health services provider as a mental health services provider within the five years before the date of disclosure, concerning the possible occurrence of sexual exploitation by the mental health services provider of patients or former patients of the mental health services provider; or

(2)knows or has reason to know that the mental health services provider engaged in sexual exploitation of a patient or former patient and the employer failed to:

(A)report the suspected sexual exploitation as required by Section 81.006; or

(B)take necessary action to prevent or stop the sexual exploitation by the mental health services provider.

(b)An employer or former employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages if the patient or former patient is injured as described by Section 81.002 and the employer or former employer:

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1199 (S.B. 43), Sec. 1, eff. June 17, 2011.