Gov. Jack Markell (D) is recording his second veto of 2015 – this time for a bill that would’ve made sexual contact between a health professional and his or her patients a felony.
In a letter to state lawmakers explaining his veto, Markell notes it’s already illegal for health care workers, social workers and counselors to have sexual contact with patients while providing treatment.
That’s currently a misdemeanor under state law that carries a maximum penalty of up to a year in prison.
Under the proposal, anyone convicted could face up to three years in jail and would have to register as a Tier II sex offender for 25 years.
Markell also says House Bill 130 leaves out critical definitions for health care professionals and doesn’t distinguish between consensual and non-consensual situations.
“While consensual sexual contact in the context of a professional relationship may raise serious questions about the health care professional’s integrity and professional responsibility, there are already substantial mechanisms in place to deter inappropriate sexual contact between a health care professional and patient,” he said.
Rep. Kim Williams (D-Newport), the lead sponsor of the bill, says she hadn’t heard any opposition from the governor’s office until a governor's staffer called her Monday telling her of the planned veto.
“I am sure that they see every bill that is filed every day and if there was an issue with this bill, they should’ve contacted me long before veto day,” Williams said.
The proposal passed nearly unanimously in both chambers in June and was introduced in May.
Williams compared her bill to a law outlawing sexual relationships between prison guards and inmates, which is a felony.
If implemented, she says it would’ve been a deterrent for doctors who could exploit a trust-based relationship.
“This is exactly why you shouldn’t be dating your patients. All you have to do is just stop being their doctor.”
Williams says the only group to try and rework the bill was the Medical Society of Delaware, who never formally opposed it.
Mark Thompson, spokesperson for the Medical Society, says his organization never spoke with the governor's office about vetoing the bill, saying it was "quite a surprise" for them.
In July, the governor vetoed a bill that would've allowed parents to opt their children out of state standardized tests.
She notes she will try to override Markell’s veto in January. It would need three-fifths of both the House and Senate to become law.
