Section 13H3/4: Indecent assault or battery on patient or client by health care provider or clergy
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/ma/part-iv/title-i/chapter-265/13h3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.