AB 1739: Healing arts: sexual exploitation: clergy.

Existing law prohibits any person who is, or who holds themselves out to be, a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor from engaging in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, as specified. Existing law makes a violation of these provisions a crime punishable by imprisonment and fine.

This bill would include a member of the clergy, as defined, among the persons subject to those prohibitions, and would make conforming changes. Because the bill would expand the definition of a crime, it would impose a state-mandated local program.

This bill would specify that inclusion of members of the clergy within the scope of these provisions shall not be construed to apply the entire Psychology Licensing Law to duly ordained members of the recognized clergy, or duly ordained religious practitioners doing work of a psychological nature consistent with the laws governing their respective professions, as specified, and would set forth related legislative declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.