2005 Minnesota Statutes - 148A.03 — Liability of employer.

     148A.03 Liability of employer. 


    (a) An employer of a psychotherapist may be liable under 
 section 148A.02 if: 


    (1) the employer fails or refuses to take reasonable action 
 when the employer knows or has reason to know that the 
 psychotherapist engaged in sexual contact with the plaintiff or 
 any other patient or former patient of the psychotherapist; or 


    (2) the employer fails or refuses to make inquiries of an 
 employer or former employer, whose name and address have been 
 disclosed to the employer and who employed the psychotherapist 
 as a psychotherapist within the last five years, concerning the 
 occurrence of sexual contacts by the psychotherapist with 
 patients or former patients of the psychotherapist. 


    (b) An employer or former employer of a psychotherapist may 
 be liable under section 148A.02 if the employer or former 
 employer: 


    (1) knows of the occurrence of sexual contact by the 
 psychotherapist with patients or former patients of the 
 psychotherapist; 


    (2) receives a specific written request by another employer 
 or prospective employer of the psychotherapist, engaged in the 
 business of psychotherapy, concerning the existence or nature of 
 the sexual contact; and 


    (3) fails or refuses to disclose the occurrence of the 
 sexual contacts. 


    (c) An employer or former employer may be liable under 
 section 148A.02 only to the extent that the failure or refusal 
 to take any action required by paragraph (a) or (b) was a 
 proximate and actual cause of any damages sustained. 


    (d) No cause of action arises, nor may a licensing board in 
 this state take disciplinary action, against a psychotherapist's 
 employer or former employer who in good faith complies with this 
 section. 


    HIST: 1986 c 372 s 3