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House Journal: Page 1776: Thursday, May 1, 2003

5 multidisciplinary team for child abuse under section
6 235A.13, dependent adult abuse activities under
7 section 235B.6, area education agency activities under
8 section 294A.14, or child victim services provided
9 under section 915.35.
10 Sec. . Section 614.1, subsection 12, Code 2003,
11 is amended to read as follows:
12 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A
13 COUNSELOR, OR THERAPIST, OR SCHOOL EMPLOYEE. An
14 action for damages for injury suffered as a result of
15 sexual abuse, as defined in section 709.1, by a
16 counselor, or therapist, or school employee, as
17 defined in section 709.15, or as a result of sexual
18 exploitation by a counselor, or therapist, or school
19 employee shall be brought within five years of the
20 date the victim was last treated by the counselor or
21 therapist, or within five years of the date the victim
22 was last enrolled in or attended the school.
23 Sec. . Section 692A.1, subsection 10, Code
24 2003, is amended to read as follows:
25 10. "Sexual exploitation" means sexual
26 exploitation by a counselor, or therapist, or school
27 employee under section 709.15.
28 Sec. . Section 702.11, subsection 2, paragraph
29 d, Code 2003, is amended to read as follows:
30 d. Sexual exploitation by a counselor, or
31 therapist, or school employee in violation of section
32 709.15.
33 Sec. . Section 709.15, Code 2003, is amended to
34 read as follows:
35 709.15 SEXUAL EXPLOITATION BY A COUNSELOR, OR
36 THERAPIST, OR SCHOOL EMPLOYEE.
37 1. As used in this section:
38 a. "Counselor or therapist" means a physician,
39 psychologist, nurse, professional counselor, social
40 worker, marriage or family therapist, alcohol or drug
41 counselor, member of the clergy, or any other person,
42 whether or not licensed or registered by the state,
43 who provides or purports to provide mental health
44 services.
45 b. "Emotionally dependent" means that the nature
46 of the patient's or client's or former patient's or
47 client's emotional condition or the nature of the
48 treatment provided by the counselor or therapist is
49 such that the counselor or therapist knows or has
50 reason to know that the patient or client or former
Page 15

1 patient or client is significantly impaired in the
2 ability to withhold consent to sexual conduct, as
3 described in paragraph "f" subsection 2, by the
4 counselor or therapist.


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