740 ILCS 140/0.01
Short title
Short title. This Act may be cited as the Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act. (Source: P.A. 90-538, eff. 12-1-97.)
Illinois Compiled Statutes 740 ILCS 140 — Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act.
Illinois · statute · 740 ILCS 140 · 8 active provisions
Provisions
740 ILCS 140/1
Definitions
Definitions. In this Act: (a) "Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist, unlicensed health professional, or unlicensed mental health professional are such that the psychotherapist, unlicensed hea…
740 ILCS 140/2
Cause of action for sexual exploitation
Cause of action for sexual exploitation. (a) A cause of action against a psychotherapist, unlicensed health professional, or unlicensed mental health professional for sexual exploitation exists for a patient or former patient for injury caused by sexual contact with the psychotherapist, unlicensed health professional,…
740 ILCS 140/3
Liability of employer
Liability of employer. An employer of a psychotherapist, unlicensed health professional, or unlicensed mental health professional may be liable under Section 2 if the employer fails or refuses to take reasonable action when the employer knows or has reason to know that the psychotherapist, unlicensed health professiona…
740 ILCS 140/4
Scope of discovery
Scope of discovery. (a) In an action for sexual exploitation, evidence of the plaintiff's sexual history is not subject to discovery except when the plaintiff claims damage to sexual functioning; or (1) the defendant requests a hearing prior to conducting discovery and makes an offer of proof of the relevancy of the hi…
740 ILCS 140/5
Admission of evidence
Admission of evidence. (a) In an action for sexual exploitation, evidence of the plaintiff's sexual history is not admissible except when: (1) the defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and (2) the court finds that the history is relevant and that the pr…
740 ILCS 140/6
Limitation period
Limitation period. An action for sexual exploitation shall be commenced within 2 years after the cause of action arises. (Source: P.A. 85-1254.)
740 ILCS 140/7
Application
Application. This Act applies only to causes of action arising on or after its effective date. (Source: P.A. 85-1254.)