§ 22-22-27 Definition of terms--Sex offenses by psychotherapists.

SD Codified L § 22-22-27 (2019) (N/A)

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22-22-27. Definition of terms--Sex offenses by psychotherapists. Terms used in §§ 22-22-28 and 22-22-29 mean:

(1) "Emotional dependency," a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment of the patient's ability to withhold consent to sexual acts or contact with the psychotherapist and which the psychotherapist knows or has reason to know exists;

(2) "Patient," any person who seeks or obtains psychotherapeutic services from a psychotherapist on a regular and ongoing basis;

(3) "Psychotherapist," any physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy; and

(4) "Psychotherapy," the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.Source: SL 1993, ch 178, § 1; SL 2005, ch 120, § 403.

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§ 22-22-28 Sexual contact by psychotherapist--Felony.