43-34-48. Reporting of sexual assaults by physicians on patients; protections for actions done in good faith; penalty for failing to report; use of records.

As used in this Code section, the term:#

1. (1)

   ‘‘Health care provider’’ means:#

   1. (A)

      A physician;#

   2. (B)

      A registered professional nurse or licensed practical nurse licensed as such under Chapter 26 of this title; or#

   3. (C)

      A physician assistant licensed under Article 4 of this chapter.#

2. (2)

   ‘‘Sexual assault’’ shall have the same meaning as provided in Code Section 15-24-1.#

A health care provider in this state shall report the name of a physician to the board if such health care provider has actual knowledge that such physician has committed sexual assault on a patient. A health care provider shall not be required to duplicate a report if such health care provider has knowledge that such report has been made to the board. A health care provider shall not be required to report a physician to the board under this Code section as a result of professional knowledge obtained in the course of the health care provider-patient relationship when the physician is the patient.#

No health care provider required to report a physician to the board under this Code section who in good faith either reports or fails to report shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction.#

Any health care provider required to report a physician to the board under this Code section who knowingly and willfully fails to do so shall be subject to a fine of no less than $1,000.00 or greater than $5,000.00 as determined by such health care provider’s respective licensing board and may be subject to other disciplinary action in such respective licensing board’s discretion.#

Law enforcement officers, when investigating cases of alleged sexual assaults on a patient by a physician, are authorized to send pertinent records on such cases to the board. Such records shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board.#