Conference turris::womannotes-v1

274.0. "proposed NH law (from AP news)" by GOJIRA::PHILPOTT (Ian F. ('The Colonel') Philpott) Tue Apr 07 1987 20:22

	In today's AP VTX lisitings, offered here for comment...

                                  /. Ian .\

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Associated Press Tue  7-APR-1987 07:58                      Sexual Misconduct

         Women's Groups Blast Sexual Misconduct Reporting Requirement
                                 By NORMA LOVE
                            Associated Press Writer

    CONCORD, N.H. (AP) - A move to identify and discipline psychotherapists 
    who  sexually  exploit  clients shouldn't strip victims of the right to 
    decide whether to report the misconduct,   say  New  Hampshire  women's 
    groups.
   
    The New Hampshire Women's Lobby and the New Hampshire Coalition Against 
    Domestic and Sexual Violence on Monday  testified  against  a  bill  to 
    require  psychotherapists  to report colleagues' sexual exploitation of 
    clients.
   
    "This bill automatically takes away clients' choice  about  whether  or 
    when  to  report," said Deborah Ruhe for the Women's Lobby.  "We're not 
    talking about children.  Perhaps when she was exploited, she  was  in a 
    dependent state of mind. Hopefully, she won't be forever."
   
    "We don't require a rape victim to report if she's not ready to do so," 
    agreed Carol Moore, a Concord psychotherapist.
   
    People seeking help from  a  therapist  "assume  that  the  information 
    divulged  in  that  room,  stays  in  that room," Moore told the Senate 
    Public Institutions, Health and Human Services Committee.
   
    Supporters testified that the bill was meant to be a first step  toward 
    identifying and disciplining the unethical therapists.
   
    Psychologists  sought  the  legislation  because  they wanted to police 
    their colleagues, said David Minnis, speaking  for  the  New  Hampshire 
    Psychological Organization.
   
    Under   the   bill,   state   certified   psychotherapists  -  doctors, 
    psychologists, nurses, social workers and others - would be required to 
    report the misconduct. Victims could demand anonymity.
   
    Rep.    Matthew Sochalski, a Londonderry Republican and chairman of the 
    House committee  that  reviewed  the  bill,  offered  an  amendment  to 
    restrict its application to misconduct learned about in a formal office 
    setting.  Women who objected  to  the  report  could  require  only the 
    offense,  date and place - no names - be reported to the state Board of 
    Examiners of Psychologists.
   
    Rep.  Marion Copenhaver, D-Etna, another  member  of  the  House panel, 
    offered another amendment to set up a committee to study the issue.
   
    The women's groups found both amendments unsuitable.
   
    Speaking   for   the   coalition,  Barry  MacMichael  objected  to  the 
    composition of the proposed study committee.   She  suggested including 
    people who had dealt previously with complaints.
   
    Moore  also  called  the  idea  of anonymous reporting "an intellectual 
    statement about a very volatile situation."
   
    However, Rep.  Dean Dexter,  R-Laconia,  prime  sponsor,  said delaying 
    action "would send the wrong message out into the field."
   
    Anne  Boedecker  of  the  New Hampshire Psychological Organization also 
    urged passage, defending the mandate as  a  way  to  ensure  misconduct 
    would   be   reported   and   not   excused  by  therapists  afraid  of 
    repercussions.
   
    "I  don't  believe  giving  confidential,  statistical  information  is 
    damaging  to the relationship," she said.  "To over protect the clients 
    ... is a way of treating them as children."
   
    But opponents argued the bill was beyond salvaging.
   
    "This situation is a mess and the bill will not do much to remedy  it," 
    said Susan Shargal, an Auburn psychotherapist.
   
    Shargal said that because sexual misconduct during medical treatment is 
    already illegal in New Hampshire, the reporting mandate  would  be  the 
    only  change made by the bill.  She questioned the effectiveness of the 
    requirement since most of New Hampshire's boards employ part-time staff 
    or hook up answering machines to their phone numbers.
   
    She  also cited the case of two women sexually exploited by a therapist 
    who wouldn't be covered by the bill since he  doesn't  come  under  any 
    state board's regulation.
   
    "It's  useless to have mandated reporting when nothing can be done with 
    the report," she said.