A drama therapist is a medical professional for the purposes of the hearsay rule and her testimony will not be excluded even where it contains accusatory statements made by an available witness.

Larry Gohring was convicted of two counts of aggravated sexual assault of a child and three counts of indecency with a child. At trial, the court heard testimony from Marie Renee Woods Petite, a drama therapist. Petite testified that she had been a drama therapist for 13 years and that under the supervision of a licensed psychologist, she counseled one of Cohring's daughters. She testified that her purpose in counseling the daughter was to provide her with psychological treatment. The daughter told Petite that she had been sexually abused by her father.

On appeal, Gohring contended that the trial court had erred in not excluding Petite's testimony as it was hearsay and prejudicial.

The court looked to the Texas evidentiary rule on medical diagnosis or treatment. The applicable rule admits statements made for the purposes of medical diagnosis or treatment, even if they are hearsay and even if the declarant is available. The court held that the testimony was admissible because the daughter, a high school student knew she was seeing Petite for therapy purposes in connection with the abuse and that her statements were made for that purpose. The court also dismissed the argument that Petite was not a medical person, holding that a drama therapist working under the supervision of a licensed psychologist was indeed a "medical person" and that even if she were not the statement may have still been admissible because the statement does not necessarily need to be made to a medical "person."