{"data":{"id":"us-ma/mass.-gen.-laws-ch.-265-13h3-4","jurisdiction":"us-ma","citation":"Mass. Gen. Laws ch. 265, § 13H3/4","heading":"Indecent assault or battery on patient or client by health care provider or clergy","body":"Section 13H3/4. (a) For the purposes of this section, ''health care provider'' shall mean a person licensed by the commonwealth to provide health care as a physician, dentist, registered or licensed nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, social worker or acupuncturist acting in the scope and course of their employment.\n(b) A person who is, or holds themselves out to be, a health care provider or clergy member and commits an indecent assault and battery on a patient or client during the course of diagnosis, counseling or treatment shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in a house of correction for not more than 2 1/2 years. In a prosecution commenced under this section, the patient or client shall be deemed incapable of consenting to contact of a sexual nature when consent was procured by a false representation that such contact was for a legitimate medical, counseling or treatment purpose and not consistent with generally accepted principles of professional medical practice.","path":["Part IV","Title I","Chapter 265"],"source_url":"https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section13H3~4","current_through":"amendments passed before May 31, 2026","vintage":"","retrieved_at":"2026-09-17T05:25:10Z","sha256":"5ad74fc7c4acae7197459b727f2eb105afc1f5f26a727f3f2db0fe2c20c39036","source_id":"us-ma","stale":false,"prev":"us-ma/mass.-gen.-laws-ch.-265-13h1-2","next":"us-ma/mass.-gen.-laws-ch.-265-14"},"notice":"GroundRules: Original legal text. Not legal advice."}