940.22 Sexual exploitation by therapist; duty to report.
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/wi/chapter-940/940-22A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
940.22 Sexual exploitation by therapist; duty to report.
(1)Definitions. In this section:
(a)“Department” means the department of safety and professional services.
(b)“Physician” has the meaning designated in s. 448.01
(5).
(c)“Psychologist” means a person who practices psychology, as described in s. 455.01
(5).
(d)“Psychotherapy” has the meaning designated in s. 455.01
(6).
(e)“Record” means any document relating to the investigation, assessment and disposition of a report under this section.
(f)“Reporter” means a therapist who reports suspected sexual contact between his or her patient or client and another therapist.
(g)“Sexual contact” has the meaning designated in s. 940.225
(b).
(h)“Subject” means the therapist named in a report or record as being suspected of having sexual contact with a patient or client or who has been determined to have engaged in sexual contact with a patient or client.
(i)“Therapist” means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
(2)Sexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection.
(3)Reports of sexual contact.