§ 81.001.Definitions

Seven definitions, and the breadth of the second is what gives the chapter its reach.

"Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services — including a licensed social worker, chemical dependency counselor, professional counselor, marriage and family therapist, member of the clergy, physician, psychologist, and a special officer for mental health assignment.

"Licensed or unlicensed" and "purports to perform" are deliberate. A person holding themselves out as a therapist without credentials is covered, which closes the gap that a licensing-based definition would leave.

"Mental health services" means assessment, diagnosis, treatment, or counseling in a professional relationship to assist in alleviating mental or emotional illness including addiction, understanding motivations, resolving conflicts, or modifying feelings and behaviors that interfere with functioning.

Subdivision (7) carves out religious instruction: mental health services provided by a member of the clergy does not include religious, moral, and spiritual counseling, teaching, and instruction. A clergy member is covered when acting as a counselor, not when preaching or teaching.

"Sexual exploitation" means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for sexual arousal or gratification or sexual abuse of any person. It excludes obtaining a sexual history within standard practice while treating a sexual or marital dysfunction.

"Therapeutic deception" is a representation that sexual contact with the provider is consistent with, or a part of, the patient's treatment — the specific abuse of the therapeutic relationship the chapter was written to reach.

"Sexual contact" takes the Penal Code definitions and adds requests for such conduct, excluding what is part of professionally recognised medical treatment.