§ 81.006.Duty to Report

Title 4. Liability in Tort · Chapter 81. Sexual Exploitation by Mental Health Services Provider · Last amended 1993 · Last verified August 29, 2026

In one sentenceSection 81.006 requires a provider or employer with reasonable cause to suspect exploitation to report it to the prosecuting attorney and the licensing board, after telling the alleged victim and asking whether they want anonymity.

Full Text of § 81.006

Text sizeJump to: (a) (b) (c) (d) (e)

(a)If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:

(1)the prosecuting attorney in the county in which the alleged sexual exploitation occurred; and

(2)any state licensing board that has responsibility for the mental health services provider's licensing.

(b)Before making a report under this section, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.

(c)A report under this section need contain only the information needed to:

(1)identify the reporter;

(2)identify the alleged victim, unless the alleged victim has requested anonymity; and

(3)express suspicion that sexual exploitation has occurred.

(d)Information in a report is privileged information and is for the exclusive use of the prosecuting attorney or state licensing board that receives the information. A person who receives privileged information may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the person first obtained the information. The identity of an alleged victim of sexual exploitation by a mental health services provider may not be disclosed by the reporter, or by a person who has received or has access to a report or record, unless the alleged victim has consented to the disclosure in writing.

(e)A person who intentionally violates Subsection (a) or (d) is subject to disciplinary action by that person's appropriate licensing board and also commits an offense. An offense under this subsection is a Class C misdemeanor.

End

Plain-English Summary

A mandatory reporting duty, and it is unusually protective of the person reported about.

A provider or employer with reasonable cause to suspect that a patient has been the victim of sexual exploitation during treatment — or where a patient alleges it — shall report the alleged conduct to the prosecuting attorney in the county where it occurred and to any state licensing board responsible for the provider's licensing.

Subsection (b) is the provision that distinguishes this from most reporting duties. Before making the report, the reporter shall inform the alleged victim of the duty to report and shall determine if the alleged victim wants to remain anonymous.

The victim is told in advance and asked. Reporting still happens; whether they are named is their choice.

Subsection (c) keeps the report minimal: it need contain only enough to identify the reporter, identify the alleged victim unless anonymity was requested, and express suspicion that exploitation has occurred.

Subsection (d) makes the information privileged and for the exclusive use of the recipient, disclosable only consistently with the purposes for which it was obtained.

Subsection (e) enforces it: an intentional violation of the reporting duty or the confidentiality rule subjects the person to disciplinary action and is a Class C misdemeanor.

Failing to report is also a route to employer liability under the employer provision, so the duty carries civil consequences as well as criminal ones.

Frequently Asked Questions

Must a therapist report suspected exploitation by a colleague?

Yes. A provider or employer with reasonable cause to suspect it, or who receives an allegation, must report to the prosecuting attorney in the county and to any state licensing board.

Does the victim get a say?

Yes. Before reporting, the reporter must inform the alleged victim of the duty to report and determine whether they want to remain anonymous.

What is in the report?

Only enough to identify the reporter, identify the alleged victim unless anonymity was requested, and express the suspicion.

What happens if someone fails to report?

An intentional violation brings disciplinary action and is a Class C misdemeanor, and failing to report is also a route to employer liability.

Amendment History

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source