False representation by health care provider or clergy to induce patient or client to engage in sexual intercourse

(a) For the purposes of this section, “health care provider” shall mean a person licensed by the commonwealth to provide health care or professional services 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.

(b) A person who is, or holds themselves out to be, a health care provider or clergy member and who knowingly induces by false misrepresentation a patient or client to engage in sexual intercourse during the course of diagnosis, counseling or treatment shall be punished by imprisonment in the state prison for not more than 20 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 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.