(b) An employer or former employer of a psychotherapist may be liable under section 604.201 if the employer or former employer:
- (1) knows of the occurrence of sexual contact by the psychotherapist with patients or former patients of the psychotherapist;
- (2) receives a specific written request by another employer or prospective employer of the psychotherapist, engaged in the business of psychotherapy, concerning the existence or nature of the sexual contact; and
- (3) fails or refuses to disclose the occurrence of the sexual contacts.