(a) An employer of a psychotherapist may be liable under section 604.201 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 604.201 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 604.201 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.
1986 c 372 s 3
Structure Minnesota Statutes
Chapters 604 - 605 — Civil Actions
Section 604.01 — Comparative Fault; Effect.
Section 604.02 — Apportionment Of Damages.
Section 604.03 — Useful Life Of Product.
Section 604.04 — Notice Of Possible Claim.
Section 604.055 — Waiver Of Liability For Negligent Conduct.
Section 604.06 — Fireman's Rule.
Section 604.10 — Economic Loss Arising From The Sale Of Goods.
Section 604.101 — Economic Loss Doctrine.
Section 604.11 — Medical Malpractice Cases.
Section 604.113 — Issuance Of Worthless Check.
Section 604.12 — Restrictions On Denying Access To Places Of Public Accommodation; Civil Actions.
Section 604.13 — Destruction Of Field Crop Products, Animals, Organisms, Or Cells; Civil Liability.
Section 604.14 — Civil Liability For Theft.
Section 604.15 — Civil Liability For Receiving Motor Fuel Without Paying.
Section 604.16 — Liability For Loss Suffered As A Result Of Peace Officer Pursuit; Penalties.
Section 604.17 — Civil Liability For Fraudulent Or Otherwise Improper Financing Statements.
Section 604.175 — Compliance With Debt Collection Requirements.
Section 604.18 — Insurance Standard Of Conduct.
Section 604.19 — Subversion Of Examination.
Section 604.201 — Cause Of Action For Sexual Exploitation.
Section 604.202 — Liability Of Employer.
Section 604.203 — Scope Of Discovery.
Section 604.204 — Admission Of Evidence.
Section 604.205 — Limitation Period.
Section 604.21 — Indemnity Agreements In Design Professional Services Contracts Void.