Can Mental Patients Sue for Sexual Exploitation ?

In enacting Chapter 81, the legislature provided a mental health patient or former patient a cause of action against a mental health services provider for sexual exploitation. See TEX. CIV. PRAC. & REM. CODE ANN. 81.002 (Vernon 1997). Specifically, the patient may bring suit against the mental health services provider or employer for damages suffered from sexual contact, sexual exploitation, or therapeutic deception by the mental health services provider. See id. However, Chapter 81 only applies to causes of action accruing on or after September 1, 1993, the effective date of the statute. See Act of June 11, 1993, 73rd Leg., R.S., ch. 573, 2.08, 1993 Tex. Gen. Laws 2166.