DE Bill to protect patients from sexual contact vetoed

After passing without a hitch through both the Delaware House and Senate, House Bill 130, which is intended to protect patients from sexual contact by their healthcare providers, was vetoed Monday Gov. Jack Markell.

The bill, introduced by Rep. Kimberly Williams (D), proposes an amendment to the Delaware Code that would make health care professionals felons if they have intentional sexual contact with patients.         

Because of the bill’s success in both the House and Senate, supporters of the bill were caught off guard by the governor’s decision.

“We’re in disbelief in shock that he decided to veto the bill,” said Heather Sinclair, founder of Lynette’s Law in Maryland.

If the bill had been signed into law, those found guilty would be charged with unlawful sexual contact in the second degree,  a class F felony punishable by up to 3 years in prison. Violators would have to register as a Tier 2 sex offender for 25 years.   

In his letter to the house, Markell clearly outlines his concerns.    

He explains if a doctor and patient developed a consensual relationship, but the doctor failed to remove the patient from a patient list that relationship could fall under the “course of treatment” to which the statute applies.    

Also. according to Markell the bill does not distinguish between consensual and *non-consensual* relationships.    

Markell went further in his letter,  stating the legislation does not define or limit the meaning of “in the course of treatment”, so the law could be enforced in “unpredictable” and “inconsistent” ways.   

Despite the Governor’s decision. Sinclair says she has a pledge from  Williams that she will not give up on this bill.

“I do know that that bill is going to pass in Delaware at some point or another it is going to pass because we are not going to give up until we pass it,” Sinclair said.