(b) The patient or former patient may recover damages from a
psychotherapist, unlicensed health professional, or unlicensed mental health
professional
who is found liable for sexual exploitation. It is not a
defense to the action that sexual contact with a patient occurred outside a
therapy or treatment session or that it occurred off the premises regularly
used by the psychotherapist, unlicensed health professional, or unlicensed
mental health professional
for therapy or treatment sessions.
(c) Whenever the Attorney General has probable cause to believe (i) that a
psychotherapist, unlicensed health professional, or unlicensed mental health
professional is having or has had sexual contact with one or more patients or
clients or former patients or former clients while the psychotherapist,
unlicensed health professional, or
unlicensed mental health professional was licensed or unlicensed
and (ii) that the psychotherapist, unlicensed health
professional, or unlicensed mental health professional poses a
threat to the health, safety, or welfare of members of the public who are or
may be patients or clients of the psychotherapist, unlicensed health
professional, or unlicensed mental health professional, the Attorney General
may
bring an action in the name of the State against the psychotherapist,
unlicensed health professional, or unlicensed mental health professional to
restrain by temporary restraining order or preliminary or permanent injunction
the psychotherapist, unlicensed health professional, or unlicensed mental
health
professional from providing, offering to provide, or representing himself or
herself as
being able to provide psychotherapy, health services, or mental health
services.
At least 5 days prior to the commencement of any action brought under this
Section, except when a temporary restraining order is sought, the Attorney
General shall notify the psychotherapist, unlicensed health professional, or
unlicensed mental health professional of the Attorney General's intended action
and shall give the
psychotherapist, unlicensed health professional, or unlicensed mental health
professional an opportunity to confer with the Attorney General or his or her
representative in person or by counsel or other representative as to the
proposed action.
The notice shall be given by first-class mail, postage prepaid, to the
psychotherapist's, unlicensed health professional's, or unlicensed mental
health professional's usual place of
business or, if that person has no usual place of business, to that person's
last
known address.
(d) The action may be brought either in the circuit court of the county in
which the conduct complained of occurred or in the circuit court of the
county in which the psychotherapist, unlicensed health professional, or
unlicensed mental health professional resides or has his or her principal place
of
business.
The court may issue temporary restraining orders or preliminary or permanent
injunctions and make other orders or judgments it deems appropriate.
(e) No injunction shall be issued under this Section unless the court
finds that the defendant has had an opportunity for an evidentiary hearing as
to all contested material issues of fact. Issues decided in a prior
evidentiary hearing in a court or in an administrative proceeding may be
applied to a proceeding under this Section in compliance with the
Code of Civil Procedure.
If the court issues an injunction against a psychotherapist, unlicensed
health
professional, or unlicensed mental health professional under this Section, the
court shall retain jurisdiction of the matter and the cause shall be continued.
Any
psychotherapist, unlicensed health professional, or unlicensed mental health
professional who is ordered to refrain from certain conduct or activities in an
action brought under
this Section may petition the court for a modification or termination of the
injunction upon 10 days notice to the Attorney General.
(f) Any State's Attorney or other law enforcement office receiving notice
of any alleged violation of this Section or violation of an injunction or order
issued in an action brought under this Section shall immediately forward
written notice of the alleged violation together with any information that the
State's Attorney or other law enforcement office may have to
the office of the Attorney General.
(g) In an action brought under this Section, whenever the court issues
a temporary restraining order or a preliminary or permanent injunction
ordering a defendant to refrain from certain conduct or activities, the order
shall contain the following statement:
VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
The clerk shall transmit 2 certified copies of each such order issued under
this Section to each appropriate law enforcement agency having jurisdiction
over locations where the defendant is alleged to have committed the act giving
rise to the action, and the law enforcement agency shall serve one copy of the
order on the defendant. Unless otherwise ordered by the court, service shall
be by
delivering a copy in hand to the defendant.
After any such order has been served on the defendant, any violation of
the order by the defendant is a Class 4 felony punishable by a fine of not more
than
$25,000.
Law enforcement agencies shall establish procedures adequate to ensure that
all officers responsible for the enforcement of an order entered under this
Section are informed of the
existence and terms of the order. Whenever any law enforcement officer has
probable cause to believe that a defendant has violated the provisions of
this Section, the officer has the authority to arrest the defendant.
Whenever the court vacates a temporary restraining order or a preliminary or
permanent injunction issued under this Section, the clerk shall promptly notify
in writing each appropriate law enforcement agency that has been notified of
the issuance of the order and shall direct each such agency to destroy all
records of the vacated order. The law enforcement agency shall comply with
that
directive.
(h) Nothing contained in this Section shall prohibit the Attorney General in
his or her discretion from bringing an action for civil contempt against the
defendant rather than
bringing
criminal charges for an alleged violation of an order issued under this
Section as provided in subsection (g). If the court finds that a
psychotherapist, unlicensed health
professional, or unlicensed mental health professional is in civil contempt by
reason of an alleged violation of an injunction or the order entered under this
Section, the court shall assess a civil penalty of not more than $10,000 for
each such violation found.
(Source: P.A. 90-538, eff. 12-1-97.)
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