§ 81.009.Limitations

A limitations provision built around how this harm is recognised.

An action must be filed before the third anniversary of the date the patient or former patient understood or should have understood the conduct for which liability is established.

The trigger is understanding, not occurrence. A patient told the contact was part of their treatment may not recognise for years that they were harmed rather than treated, and the period does not begin until they did or should have.

Subsection (b) tolls it further. Where the patient is unable to bring the action because of the effects of the sexual exploitation, continued emotional dependence on the provider, or threats, instructions, or statements by the provider, the deadline is tolled during that period — but may not be tolled for more than 15 years.

The three tolling grounds describe how the conduct sustains itself. The psychological effects, the persisting dependency, and the provider's own statements each prevent the patient from acting, and each is the wrongdoer's doing.

Fifteen years is an outer bound on the tolling rather than on the claim, and the three-year period then runs on top of it.

Subsection (c) suspends the section entirely for a child or minor until they reach 18. If a parent, guardian, or custodian brings the action instead, it must be brought within the ordinary period.