A person who owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services may not engage in a sexual act, as defined in Title 17‑A, section 251, subsection 1, paragraph C, with another person or subject another person to sexual contact, as defined in Title 17‑A, section 251, subsection 1, paragraph D, if the other person, not the actor's spouse, is a person with mental illness who receives therapeutic, residential or habilitative services from the organization, program or residence.   [RR 2003, c. 2, §102 (COR).]