52 (5) The other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) The actor has intentionally impaired the other person?s power to appraise or control the other person?s conduct by administering any substance without the other person?s knowledge; (7) The actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) The actor is a public servant who coerces the other person to submit or participate; (9) The actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person?s emotional dependency on the actor; (10) The actor is a clergyman who causes the other person to submit or participate by exploiting the other person?s emotional dependency on the clergyman in the clergyman?s professional character as spiritual adviser; or (11) The actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code. (c) In this section: (1) ?Child?means a person younger than 17 years of age. (2) ?Spouse?means a person who is legally married to another. (3) ?Health care services provider?means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (4) ?Mental health services provider?means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (E) member of the clergy; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (5) ?Employee of a facility?means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ
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