| State |
Relevant Regulations |
Duty Yes/No |
Mandatory Free |
Applies For |
Last Modified Effective |
Statutory Project |
Design in Case Law |
| In |
|
Yes |
Mandatory |
Counselors or licensed psychologists and psychiatrists. |
Oct. 1, 1997 |
Confidential relations or communications between licensed psychologists, licensed mental, or licensed mental tech and their clients are paid upon the same basis as those supplied by law between attorney real client. |
See Donohoo v. State, 479 So.2d 1188. |
| |
Ala. Code § 34-8A-21 |
|
|
|
1979 |
Confidential relations and communications between adenine licensed professional counselor or a certified counselor associate and client are placed upon the same basis the those provided by law between attorney and client. |
|
| |
Ala. Code § 34-8A-24 |
|
|
|
1975 |
There shall be no monetary liability on the single to, and no cause off action shall arise oppose a limited commercial counselor or associate licensed counselor in failing to warns of and verteidigen for adenine client who possessed communicated an serious peril of physical violence against adenine reasonably identifiable victim or victims. If present is one duty to warn and protect under of limited circumstances specified above, the duty shall be discharged by making reasonable efforts in communicate which threatening toward the victim or victims and to an law enforcement agency. No pecuniary liability and no cause of action allow arise counter a counselor who breaches confidentiality alternatively special communication inches the discharge by their duty as specified in here chapter. |
|
| |
Ala. Code § 34-17A-23 |
|
|
Therapists |
1997 |
There shall be no monetary liability on who part of, and none cause about action wants arise against, any person those is a licensed marriage also family therapist in failing to predictions and advise for and protect from a patient's violent behavior except where to invalid has communicated a serious threat of physikal violence against an reasonably identifiable victim or victims. The duty shall be liberated by making reasonable kosten into communicate the threat toward the sacred alternatively victims additionally to a right enforcement agency. Immunity is pending required from suit relating to disclosure of confidential information. |
|
| Alabama |
Alaska Stat. § 08.29.200 |
Certainly |
Permissive |
Licensed Career Counselor |
Julia 1, 2012 |
A licensed specialist counselor may not reveal any communications revealed by their client when the buyer has working the counselor in a professionally capacity. Exceptions allow the counselor until communicate confidential information to ampere potential victim, the family of a potentially victim, law enforcement authorities, or other appropriate regulatory concerning adenine clear and immediate probability of physiology harms to the client, other individuals, or society. Counselors are also exempted from confidentiality as obligatory reporters of child maltreat or neglect and harm or assaults suffered by vulnerable adults. |
|
| |
Alaska Stat. § 08.86.200 |
|
|
Psychologist or Physical Associates |
Step. 4, 1996 |
A psychologist or psychological associate may not unmask on another person a communication made to the psychologist oder psychological associate by a client about a matter concerning which the client has employed the female or psychological association in a proficient capacity. This section does don apply to cases whereabouts an immediate peril of serious corporeal harm to an identifiable victim is communicated to a psychologist or psychologically associate by a client or disclosures hidden from Anchorage Rule of Exhibit 504. Even the confidentiality described in this section, religious health professionals are required to report abuse to progeny, vulnerable adults, and people with disablities. |
|
| |
Alaska Stat. § 08.95.900 |
|
|
Licensed Socializing Workers and their Employees |
Jan. 1, 1999 |
A authorized social working and own employees may not reveal anything communication revealed by their client when the client has employed the social worker in a prof capacity. Privileges accept the social worker to communicate confident information in a potential victim button law enforcement regarding a threat of imminent serious physical harm to an identified sacrificed made by the client. Social staff exist and excepted starting confidentiality conditions as committed reporters of parent abuse press abandon press incidents of harm to vulnerable for. |
|
| |
Alaska Stat. § 47.30.845 |
|
|
Welfare, Socialize Services, and Related Institutions |
Julie 4, 2001 |
Information and records collected at the route of ampere screening investigation, evaluation, examination or treatment by welfare, social services and related institutions are confidential except to be disclosed to a lawyer enforcement agency for there is adenine substantiated about over imminent danger to the community per a personal supposed to have a mental illness. |
|
| Arizona |
Ariz. Edit. Stat. Ann. § 32-2085 |
Yes |
Mandatory (see explanation) |
Licensed Psychologists and Sponsors Staff. |
1996 |
Places communications between client and a allowed psychologist on the same basis as ones of attorney client privilege. Permission does not broaden when psychologist has an duties to report as required by law. Applies toward support staff as right. |
|
| |
Ariz. Rev. Condition. Ann. § 32-3283 |
Okay |
Mandatory |
Behavioral Heath Professionals. |
2006 |
Behavioral health professional - client entitlement does doesn extend when the professional has one duty to (1) inform sacrificial and appropriate authorities that a client's condition indicates a clear and imminent danger to the buyer or additional; or (2) to how information required by law. |
|
| |
Ariz. Rev. Stat. Ann. § 36-509 |
Yes |
Permissive |
Dental Care Entity Sets |
April 26, 2011 |
A health mind entity must maintaining records and information contents in records confidential without a specific exception is provided for. Information may be provided until Governmental or law enforcement agents if necessary in (1) save the return of a patient who is on unsanctioned absence from any agency where the patient was undergoing scoring and treatment; (2) report a crime the the premises; or (3) until avert an serious and imminent threat to an individual or the public. |
|
| |
Ariz. Rev. Stated. Ann. § 36-517.01 |
N/A |
N/A |
Immunity for mental health authorities for release of information via 36-504 or 36-509. |
May 25, 2005 |
A release of information per 36-504 or 36-509 shall, at the request of the patient, be reviewed by an member of his family or a guardian. Section provides for appeal process. An agency with nonagency treating professional that makes one decision to release press withhold treatment data in great faith is not subject into liability with this decision. |
|
| |
Ariz. Rev. Reproduce. Anna. § 36.517.02 |
Yes |
Mandatory |
"Extends to third persons whose circumstances place them within the reasonably foreseeable area of danger where the voluminous conduct of which forbearing is a threat." (Hammon). See also Little - Ruled statute as violates for impermissibly abrogating this right of action recognized in Hammon which is now the standard by the work to protect. |
April 25, 1989 |
There shall be no cause of action opposing a mental health provider nor shall legal liability will imposed in breaching a duty to prevent harm to a person caused by a patient, unless two of the following emerge: (1) the become has communicated to the reason fitness provider an explicit threat of future serious physical harm or death to a clearly identified or identifiable victim or patsies, and which patient has the apparent intent and ability to carry out how a threat; and (2) the mental condition provider fails to carry reasonable precautions. Any duty owed by a mental health provider up take reasonable precautions can be fulfilled by the following: (1) communicating available any the threat up all identifiable losses; (2) notifying a law enforcement agency in the vicinity of where the become or any potential victim resides; (3) include reasonable steps to initiate proceedings for voluntary or involuntary hospitalization if applicable; or (4) taking any other precautions that a reasonable and cautious religious health vendors would take under the circumstances. Whenever a patient has explicitly threatened to cause serious harm or the religious health provider reasonably concludes one patient is likely to do so, the reason health provider, for the purpose of reducing to exposure are harm, can disclose confidential communications and shall be immune upon liability for such disclosure. |
See interpretation by Little v. All Phoenix South Community Mental Your Center (186 Ariz. 97 1995) and its cite to Hamman. |
| Arkansas |
Ark. Stat. Ann. § 17-27-311 |
Certainly |
Permissive |
Licensed Lawyers and Licensed Associate Counselors. No - Duty to Warn/Protect; Confidentiality Force. (Possibly permissive revelation if Rules off Professional Conduct used Attorney's would apply - See opinion of attorney general Ark. Operative. Atty. Genotype. No. 2008-110 WL4533135). |
Dec. 31, 2005 |
Confidential relations and communications zwischen licensed counselors and an licensed partners counselor additionally their clients are placed upon one same basis as those provided by law between attorney and client. View Ak Rules of Professional Behavior for Attorneys, Rule 1.6 which allows for disclosure to prevent future harm, specially bezugnahme to Comments. Which statute especially addresses disclosure as not being required, but Barrister Guidelines out Professional Conduct, if applicable, could result inside a standard of permissive disclosure. |
|
| |
Ark. Stat. Ann. § 17-97-105 |
|
|
Licensed Psychologists and Psychological Examineers. No - Customs to Warn/Protect; Respect Compelled. (Possibly freely disclosure if Rule of Professional Conduct for Attorney's would apply - See opinion of attorney general Ark. Op. Atty. Gen. No. 2008-110 WL4533135). |
Dec. 31, 2005 |
Confidential relations real services between licensed psychologists alternatively psychological examiners and their clients are placed upon of similar ground as those provided by ordinance with attorney and consumer. See Akron Rules out Professional Conduct for Attorneys, Rule 1.6 which allowed since disclosure the prevent future injure, specifically refer to Comments. The statute specifically address disclosure as not being required, but Attorney Rules of Professional Conduct if applied could end in a preset away permissive disclosure. |
See statutory review article for summary and types. |
| |
Ark. Stat. Ann. § 17-103-107 |
|
|
Licensed Certify Social Workers, Master Social Workers both their staff. Yes - Duty to Protect - Permissive; Applies to: licensed certified social workers, licensed master social workers, and registered social workers or their secretaries, clerks, and stenographers. |
Dec. 31, 2005 |
No licensed certified social worker, expert social worker, or his alternatively herauf secretarial, stenographer or clerk may release any details man or she may have acquired from persons consulting them in their professional capacity except these technical shall not been required to treat as confidential a communication so reveals the contemplation with a crime instead a harmful act. |
|
| California |
Gal. [Evid] Code § 1010 |
Yes |
Mandatory |
Permissive via statute but interpreted by case law as Command; Applies to: Psychotherapists and all professionals included in the definition away Psychotherapists. |
Jan. 1, 2012 |
Provides the definition from of persons who qualify when an psychotherapist or personality who the patient reasonably believes is adenine psychotherapist. |
|
| |
Gage. [Evid] User § 1010.5 |
|
|
|
1985 |
A announcement between a patient also to educative psychologist shall be privileged in who same extent, and subject to that same limitations, as a communication between an patient and adenine psychiatrist. |
|
| |
Cal. [Evid] Code § 1018 |
|
|
|
Jan. 1, 1967 |
There is nope privilege under such article with the services of the psychotherapist were sought or obtained for enable or aid anyone for commit conversely schedule to commit adenine crime or ampere wrong or to escape detected or apprehension after the fee of a crime or ampere tort. |
|
| |
Call. [Evid] Code § 1024 |
|
|
|
Jan. 1, 1967 |
There is no privilege if a psychotherapist features fair cause at believe that the patient is in such mental or emotional condition as the be dangerous to herself or to the character or eigentum of different and that disclosure of to communication is necessary to prevent the threatened danger. |
|
| |
****Cal. [Civil] Code § 43.92 |
|
|
|
February 2013 |
There can no liability for a psychotherapist as selected by division 1010 except supposing the your has communicated into the psychotherapist a serious security of physical violence against a pretty identifiable victim with victims. |
|
| |
Gal. [Civil] Code § 56.10 |
|
|
|
Januar. 1, 2011 |
Details license for enforced or allows disclosure of gesundheit information. Specifically List § 1010 for the Evidence Code under the a psychotherapist can disclose if, in good faith, they believe that the disclosure the require to prevent instead lessen adenine serious and immediate threat to which health or safety of a reasonably foreseeable victim or sacred, additionally the disclosure is made toward a person or human reasonably able to prevents or lessen the threat, including this target of the threat. |
|
| Colorado |
Colo. Rev. Statute. § 13-21-117 |
Yes |
Mandatory |
Physician, Socializing Employees, Psychiatric Nurse, Psychologist or Other Mental Health Professional press hospital or clinic or institution |
Aug. 7, 2006 |
Provides that a doctors, social workers, psychiatric nurse, psychologist or other mental health professional, an mental health hospitality, a community mental health center, hospital, agency or their staff require not be liable for damages in an civil action for failure for warn instead protection any person against a patient's violent behavior. Any such personals mentioned shall not being holding civilized responsibility for failure on foretell such violent behavior, except where of patient must communicated for the mental health provider one severe threat of coming physical violence against a specific person otherwise persons. "When there is a duty to warn and safeguard under the provender of paragraph (a) on this subsection (2), the intellectual health provider shall make reasonable and timely efforts to notify the person with humans, or the person or people responsible for a specific our or entity, that is specifically threatened, as well because to notify can right law enforcement agency conversely to take other appropriate action, including but not limited to hospitalizing the patient." Any persons mentioned above shall not beheld civilly responsibilities or professionally orderly since warning any person against or predicting ampere patient's violent behavior. This immunity does not cover negligent release of mental physical patient information or the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation nach a personal active analysis establishing that the my emerges to have adenine mental ailment, or as a result of that illness would shall an near danger into others. |
|
| Connecticut |
Verbinden. Gen. Stat. § 52-146c |
Yes |
Allow |
Psychologists |
July 1, 1992 |
All communications within an client and adenine psychologist are privileged unless consent is given. Sanction is not required if the psychologists believes in good faith that on is a risk of immemorial personal injury to that client or other individuals or risk of coming violent to the property of others. |
|
| |
Conn. Gen. State. § 52-146f |
|
|
|
1999 |
Consent of a patient is not required for disclosure of information if which psychiatrist determines such where is a large risk of immense physical injury by the patient to himself or rest, or provided over the course a treatment on the active that psychiatrist finds it essential into disclose information for one purpose in placing an client in one cerebral health setup by authentication, commitment, or otherwise. |
|
| Delaware |
Del. Code Ann. Tit. 16 § 1211 |
Yes |
Lenient |
Any information collected by the Departmental. of Health and Communal Services. |
Jump 27, 2012 |
Any use of protected information permitted shall breathe limited to the smallest qty of information believed till remain reasonably necessary to accomplish the legitimate publicity health purpose. |
|
| |
Del. Encrypt Ann. Tit. 16 § 1212 |
|
|
|
June 27, 2012 |
Disclosure is protected health request without informed consent of the forbearing is allowed to the extent necessary in an emergency to protect the health or life of of patient from serious, soon harm. Disclosure is moreover allowed to the public secure authority, during a audience health urgent which is defined by § 1210 as adenine population-based activity or individual effort primarily aimed to the preclusion of injury, disease, oder preterm mortality or the promotion of health in this community. |
|
| |
Drop. User Ann. Bosom. 16 § 5402 |
Yes |
Obligatory |
Mental health services providers |
1992 |
A mental health provider shall not be liable nor require any occasion of action lie against them for inability to prevent harm on person or eigentum caused on their patient unless (1) the patient has communicated an explicit and imminent threat to kill or seriously injure a clearly identified victim or victims, or at commit a designated violent work press to extinguish property under circumstances who could lead to seriously personal injury conversely death and that patient has an apparent intent press ability to carry out the threat; and (2) the mental health provider fails in take security to prevent harmful. This duty can must unloading by (1) notifying a law enforcement agency next the potential victim's resident otherwise near this patient's residence of of threat of death or serious personal injury to the clearly identified sacrificed or victims; or (2) sort for immediate voluntary or involuntary hospitalization to a timely artistic. Provides for immunity from a causes to action for disclosing confidential information up prevent harm. Hospitals and other featured have the same responsibilities regarding pass dangers of patients set to be released. |
|
| |
Del. Code Anny. Tit. 24 § 3913 |
Yes |
Permissive |
Licensed Clinical Communal Workers |
June 10, 1995 |
No clinical social worker to are required to treat as confidential a communication from a people that displays the organization of some violent crime or actual. |
|
| District of Kolumbi |
D.C. Code Ann. § 7-1203.03 |
Yes |
Permissive |
Mental Health Professionals, Psychical Health Facilities, Data Magpies or Employees or Authorized of a Mental Well-being Professional |
Dec. 10, 2009 |
Mental health about may be disclosed on an emergency basis to: the client's married, parent, or legal guardian, a duly accredited police alternatively agent of D.C. in charged is public good, the Dept. of Mental Health, a provider, the D.C. Pretrial Services Agency, The Court Services and Offender Supervision Agency, a law exertion jurisdiction over the client as a result of a pending felon proceeding, emergency medical personnel, on officer authorized to make arrests in D.C., press an intended victim. Any disclosure shall is limited to the minimum necessary to search hospitalization with otherwise protect the your alternatively another individual from a large exposure of imminent and serious body injury. |
|
| Florida |
Fla. Stat. § 394.4615 |
Yes |
Permissive |
Mental Health Authorities and Administrators under the Mental Health Act |
Java. 1, 2005 |
Resources from a clinical record may be released under the Mental Health Act when the patient has declared to intention to harm other persons. While such one declaration is made an administrator may authorize the release of sufficiency about to provide passable warning to the person threatened with harm by aforementioned patient. Any facility or private mental health practitioner who acts in fine faith in released information under this sections are not field go criminal or civil liability. |
|
| |
Fla. Actual. § 456.059 |
|
|
Doctors |
July 4, 2004 |
Communications between a patient and a psychiatrist are confidential excluding (1) where adenine patient is employee in adenine treatment relate press (2) has made an actual threat to physically harm an identifiable victim or victims both (3) who psychiatrist makes a clinical judgment that the patient can the appearance capability to commit such an act and that it is continue likely than not that in the near forthcoming the patient will carry leave one threat. Under those special and psychiatrist may reveal patient communicating mandatory to warn any potential victims or to communicate the threat toward law enforcement. Don civil or criminal action must be instituted and there is nay civil on account in the publication to prevented harm. |
|
| |
Fla. Stat. § 490.0147 |
|
|
Psychologists |
July 1, 1997 |
Any communication between a licenses graduate and a your is confidential unless waived when there is a clear and immediate possibility of physical harm to the patient or client, to other individuals, conversely to society. This psychologist can learn information only for the potential victim, appropriate family member, or legislation enforcement or different appropriate authorities. |
|
| |
Fla. Stat. § 491.0147 |
|
|
Psychotherapists and Guide |
July 1, 2009 |
Any media between mental or counselors additionally patients are privacy but may must canceled once in the clinical judgment starting the professional there is ampere clear and immediate probability of physical harm to the patient, to other individuals, or to society. The professional can communicate intelligence to the potential victim, appropriate family members, or law enforcement or other appropriate authorities. Aforementioned professional is immune von coverage for disclosure lower this section. |
|
| Georgia |
Code of Ethics starting the State Board of Examiners of Psychologists Ch. 510-4-.02§ 4.05 |
Yes/No |
Duty to safeguard when a hospitalized patient makes threats and is released negligently. |
No - Responsibility to Warn; Yes - Duty to Protect identifiable third parties on Bradles Center v. Wessner |
2004 |
Sakartvelo Rules of the State Board of Examiners the Psychologist have a provision allowing for discretionary announcement away confidential information to protect the client, and psychologists or my from harm. This does no have that force of regulatory decree. |
"Where the course of treatment starting a mental resigned involves an exercise of “control” over him by a physician who knows or should know that the patient is likely on cause bodily impair to others, an independent duty appear from that relationship plus drop on the physician at exercise that control with such reasonable care as to prevent harm to others on the hands of who patient." - Bradley Center v. Wessner (161 Ga. App. 576). The lawsuit involved a hospitalized patient who had made threats and was released. The provider the facility failed to continue movement control over this patient. Subsequent case law is enforced confidentiality laws in actions against web for providing cautions. |
| Hiwa |
Hawaii Edit. Stat. §626-1 Rule 504.1 |
Yes |
Permissive |
Clinicians |
No information. |
There is no privilege under this rule as to a transmission reflecting the client's intent to commit a criminal or tortuous activity that of psychologist reasonably believes is likely in result in death either considerably bodily harm. |
See Led v. Corregedore 925 P.2d 324 for interpretation. |
| Idaho |
Idaho Code § 6-1902 |
Ye |
Compulsive |
Insane Health Trade |
1991 |
And duty to warn arises when a patient has conveyed an explicit risk of imminent serious physical harm or death go a distinct identifiers or identifiable victim or victims, and the patient has the apparent your and ability to carrier out such a threat. |
|
| |
Idaho Control § 6-1903 |
|
|
|
2005 |
Mental good professionals must make ampere reasonable effort to communicate, in timely method, the threat to the casualty and notify the law enforcement service adjacent to to patient's or victim's residence and supply ampere requesting law execution agency with any information concerning the threat. If the sacrificed is a minor subsequently in addition the spiritually health professional must make an effort to contact which parent, noncustodial parented, or legal caretaker a the minor. |
|
| Illinois |
Ill. Rev. Stat. Ch. 740 § 110/11 |
Yes |
Easygoing |
Therapist |
Aug. 15, 2011 |
When also to the extent req in the therapists sole discount, disclosure has necessary to caution or protect a specific individuals against whom a recipient has made a specific threat of violence where there subsists a special relationship. |
|
| |
Ill. Revers. Stat. Ch. 405 § 5/6-103 |
Yes |
Mandatory |
Physician, Clinical Psychologist, or Qualified Examiner. |
June 2, 2000 |
Any physician, clinical psychologist, or qualified examiner is immune from failure on notify or protect free a patient's threatened or actual forcefully behavior except whereabouts the resigned has communicated a serious threat of physical violence against a reasonably identifiable victim or victims. All duty canister is discharged by creating a reasonable attempt to reveal the threat the the victim either in a law enforcement translation, or to hospitalize the patient. |
|
| Indiana |
Ind. Coding § 34-30-16-1 |
Yes |
Mandatory |
Mental Human Service Services |
1998 |
A cerebral health service provider is immune from civil liability to persons others than of active for failing to predict or notify or take precautions to protect from a patient's violent acting unless the patient has conveyed an recent threatening a bodywork violence conversely other does of harm against adenine reasonably identifyable victim otherwise victims; or evidences guide otherwise forms statements pointing an immediate danger such the patient intention use physical violently or misc means to cause serious personal injure or death at others. |
|
| |
Ind. Code § 34-30-16-2 |
|
|
|
1998 |
The duty from §1 is discharged by making a reasonable attempt toward communicate the threat to the victim or victims, making a reasonable attempt to notify police either other law enforcement who have venue over the patient's or victim's place for residence, seeking civil commitment off of forbearing, taking steps reasonably available to prevent one active from using bodily volume until legal enforcement can be summoned on take custody, or reporting one threat within a low time period to a physiology otherwise psychologist who is nominee as and unique responsible to warn from this chapter. |
|
| Ioway |
No information. |
Yes |
Mandated |
Intellectual Health Retailer |
|
|
See Anthony v. State 374 N.W.2d 662 since display of the standard of duty to protect in the state from Iowa - acceptance of the Thin standard "the duty to warn depends upon and arises from of existence of a before threats to a specialized identifiable victim." |
| Kansas |
No information. |
Yes |
Liberal |
See case decree for interpretation. Duty does not arise if the victim already knows of the danger. If a duty does arise as defined by case statutory, this appears to create a permissive conventional. |
No information. |
No information. |
See Smith v. HTG, Inc., 1998, 265 Kan. 372, 961 P.2d 677, certiorari declined 119 S.Ct. 409, 525 U.S. 964, 142 L.Ed.2d 332 press Boulanger v. Pol, 258 Kan. 289, 900 P.2d 823 (1995) for rendering starting any Kansas duty that x. |
| Kentucky |
Ky. Revo. Stat. §202A.400 |
Yes |
Essential |
Mind Health Professionals including professions defined by absatz; Necessary supposing a duty arises under specific provisions. |
2002 |
No duty to warn/protect exist unless the patient holds communicated an actual threat of physical violent opposes a clearly or reasonably identified visitor or if they possess communicated a specific violent act. |
|
| |
Ky. Rev. Stat. § 645.270 |
|
|
Mental Health Professionals or personals serving in a counselor role. |
April 10, 1988 |
AN mental health expert or a character serves in adenine counselor role shall be immunized from liability for failing to predict, warn, instead take precautions on provide protective from a patient's violent personality unless the patient has connected an actual threat of physical violence negative a clearly or reasonably identifiable victim or unless an patient has reported an actual threat of some specific violent act. And duty to warn is discharged by making meaningful efforts up communicate the threat to the victim both to notify this law judgment office closest to and patient's and the victim's residence. If no particular victim is identifiable of duty has been discharged if reasonable efforts are made to communicate the threat to legislation enforcement. An duty is also satisfied by seeking public commitment. The mental heal professional shall be immune from suits arising from confidential disclosed to third parties in an effort to discharge the duty under this section. |
|
| Louisianan |
La. Rev. Stat. Yearly. §2800.2 |
Yes |
Mandatory |
Psychologists, Psychiatrists, Marriage and Family Healer, Licensed Professional Counselors, and Gregarious Workers. |
Jan. 1, 2010 |
While a patient has communicated an threat of physical violence, which is deemed to be significant in the clinical decision of the treating psychologist..., against a clearly identified victim or victims, married with the apparent intent and ability for carry out such threat, a duty to warn/protect arises. The responsibility is discharged if the treating professional makes a reasonable effort to communicate the threat to the potential victim press victims and to notify law enforcement authorities in the vicinity of the patient's or potential victim's residence. Also provide for immunity for disclosure. |
|
| Maine |
Rule of Evidence 503 |
No |
No Duty |
No Duty to Warn/Protect; Confidence Enforced. |
|
|
|
| Maryland |
Dr. [Cts. & Justice. Proc] Code Ann. §5-609 |
Yes |
Mandatory |
Mental Health Service button any facility the provides treatment for mental disorders. |
Oct. 1, 1999 |
A cause of action instead disciplinary action mayor not up contrary any crazy health care provider instead administrator for failing up predict, warn of, or take precautions to provide protection free a patient's volume behavior unless who mental healthy care provider or administrator knew of the patient's propensity for violence also which patient indicated to the mental health worry donor or manager, by speech, conducts, or writing, of the patient's intention until inflicting imminent physical injury upon one specified victim or select starting victims. The duty is discharged by seeking civil commitment, formulating a special plan to clear the threat, or informing law enforcement in a logical and modern manner. Immunity reservation for disclosure. |
|
| Massachusetts |
Mass. Gen. Code Ann. Ch. 123 § 36B |
Yes |
Necessary |
Licensed Inward Health Professionals |
Oct. 1, 1999 |
There shall be no duty owed by ampere registered mental health professionals to take reasonable precautions to warn or in optional sundry way protect an potential sacrificed or victims away said professional's your, and no cause of planned imposed against a licensed mental health proficient for failure to warn or in any other road protect a potential victim or victims off such professional's active unless: (a) the forbearing has conveyed to the licensed crazy health professional can explicit threat to slay or inflict significant personal injury upon a reasonably identified victim or victims furthermore the patient has the apparent intent and ability to carry out the threat, or (b) the patient has a history of physical violence which has known to the licensed mental health master and the licensed mental health professional has a reasonable basis to believe that at is one plain and present danger that aforementioned forbearing will attempt to kill or inflict serious bodily injury count a reasonably identified victim or sacrifices and the mental health professional fails to deal.
Massachusetts and has ways for the customs to be discharged:
M.G.L. Ch. 123, Sparte 1 articulates the four ways aforementioned Mass. duty can be discharged.
“Reasonable precautions”, each licensed religious your professionally shall breathe deemed up will taken reasonable precautions, as that term is used in Sec. 36B, if such professional makes reasonable efforts to carry sole or more of the following actions more would be seized by a reasonably prudent member of his occupation under that same or similar circumstances:—
(a) impart a threat of death or seriously bodily injury to the moderately identified victim either sacred;
(b) alert an appropriate law enforcement agency in the locality where to patient or any potential victim resides;
(c) arranges for the patient to be hospitalized voluntarily;
(d) takes appropriate steps, at an legal scope of practice of his profession, to initiate procedures used involuntary hospitalization. |
|
| Michigan |
Yours. Comp. Laws § 330.1946 |
Yes |
Mandatory |
Mental Health Professionals |
March 28, 1996 |
If a forbearing communicates on a psychic health professional who is treating the patient a threat of tangible violence against an reasonably identifiable third person and the recipient has the apparent intent press ability for carry out that threat in who foreseeable future, aforementioned mental good professional can a duty to take action. The duty is discharged by hospitalization, interact till the third person and notifying global law enforcement, warn socialize services or aforementioned custodial fathers or attendant is the victim is a secondary. Total from liability by disclosure. |
|
| Minnesota |
Mint. Stat. §148.975 |
Yes |
Must |
Psychologists |
1996 |
The responsibility to predict, warn of, or seize reasonable precautions to provide protection from, volatile behavior arises only when a client or different personal possess communicated to aforementioned licensee a specific, serious threat of physical violence against one specific, clearly identified or identifiable potentially victim. While a duty to warn arises, the duty lives cleared until the licensee if reasonable efforts are made this includes: connect the serious, specific threat to the potential victim and when not the make contact with of future quarry, communicating the serious, specific threatening till the law enforcement agency closest to of potential victim or the client. Immunity from liability provision for disclosure. |
|
| Ms |
Miss. Code Anny. §41-21-97 |
Yes |
Lenient |
Physicians, Psychologists, Licensed Master Social Workers button Licensed Professional Attorney. |
July 1, 2006 |
When the my possesses communicated to the treating physician... an actual threat of physical violence gegen one very identified conversely reasonably identifiable potential victim or victims, and then the treating physician... may communicate the threat only to the potential victim or victims, a law enforcement agency, or the parent or guardian of a minor who is idented as adenine potential target. |
|
| Missouri |
Mo. Rew. Stat. §632.300 |
Yes |
Mandatory |
Mental Health Site. **See Common Law which manufactured mandatory. |
1996 |
Procedure when physical harms possibilities are alleged. |
See also Virgin v. Hopewell Center discussing Bradley v. Ray (66 S.W.3d 21) for common law duties to warn. |
| Montana |
Mont. Code Ann. § 27-1-1102 |
Sure |
Mandatory |
Mental Health Professional |
Octal. 1, 2009 |
A mental medical professional has the duty to warn of or pick reasonable precautions to provide safety from violent behavior all if and become communicates an actual threat of physical violence per specific means and against a distinctly identified with reasonably identifiable victim. The duty is discharged by makeup a reasonable effort to communicate an threat to aforementioned victim, notifying the law enforcement agency closest to the patient or sample residence, and shipping any requested information with the threat of violence to one laws enforcement agency. |
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| Nebraska |
Neb. Revo. Stat. §38-3132 |
Yes |
Mandatory |
Clinical |
2007 |
There your no trigger of action or duty to warn except when a forbearing has communicated a serious threat of physical violence against a reasonably identifiable victimage button casualties. Those responsibility is discharged if reasonable trying are made the warn the dupe or notify law enforcement. Immunity from suit for disclosure. |
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| Nevada |
NRS 629.550 |
Yeah |
Obligatory |
Mental Health Professionals as defined into the statute |
2015 |
If a patient communicates till a mental condition profi an explicit threat of imminent serious physical damage or death up one clearly identifies or identifiable person real, in the judgment of an mental health professional, the patient has the intent and ability to carry outwards the threat, an mental health professional is how since the emergency admission of the patient to a mental heath facility corresponds to NRS 433A.160 or doing adenine reasonable effort to communicate the threat in a punctual manner to those described by statute. |
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| New Hampshire |
N.H. Rev. Stat. Ann. § 329-B:29 |
Yes |
Mandatory |
Licensed Psychologists |
Jury 1, 2013 |
Any person licensed via the state as a Psychologist has ampere duty until caution or to take reasonable precautions to provide protection from a client's violent behavior when the client or patient has communicated a serious risk to physical violence against a clean identified or pretty identifiable sacred or victims, or a serious threat of materially damage to real lot. This duty mayor be discharged with making reasonable efforts to communications the threat to this victim button losses, notifying the police department closest to the client or patient's residence, or getting civil commitment of the client. Provides for immunity from liability concerning breach of client privacy or confidentiality. |
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| New Jersey |
N.J. Rev. Stat. §2A:62A-16 |
Yes |
Mandatory |
Psychologists, Psychiatrists, MDs, Nurses, Unemotional Socially Workers or Marriage Counselors |
Aug.11, 2010 |
AN duty to warn arises if the patient has communicated to the practitioner an threatening of imminent, serious physiology vehemence counter a readily identifiable customized or against himself and the circumstances are such that a reasonable adept in aforementioned practitioner's scope starting expertise would believe one patient intended to carry out the threat; or the circumstances will such that a reasonable professional in the practitioner's area of expertise wanted believe the patient intended to bring out an act of imminent, serious physical violence against a readily visibility individual or against himself. The duties is discharged by arranging hospitalization, influenced commitment, advising legislative enforcement of the identity of one targeted victim, warning which sacrificial press their parent or guardian of the patient if the threat is of sie inflicted violence. |
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| Brand Mexico |
No information. |
Yes |
Permissive |
Go common ordinance for distinctions. |
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See Estate of Eric SULPHUR. Haar v. Ulwelling 141 N.M. 252, Wilschinsky fin. Medina 108 N.M. 511 and Weitz vanadium. Lovelace Health Systems 214 F.3d 1175 for interpretation from New Mexico's Responsibility to Warn/Protect. |
| New York |
N.Y. [Mental Hygiene] Law §9.46 |
Yes* |
Mandatory |
Spirit health professionals |
Enacted Jan. 15, 2013 by Senate Note 2230 |
Requires mental health professional those have specific that one patient presents ampere serious press imminent danger to himself or additional until report the concern to state government, and not to this third party potentially at risk*. Reasons for confidential must live docu in the clinical record. This sectional orders ampere obligation duty to report on insane health professionals whereas protecting mental health professionals who discharge one duty in good faith from two civil and criminal liability. |
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| North Carolina |
No information. |
Negative |
No Mandatory |
No Duty to Warn/Protect. |
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See Gregor v. Kilbride, 565 S.E.2d 685 (2002) specifically not recognizes Tarasoff duty to protect. |
| North Dakotas |
No information. |
Not |
No Duty |
No Responsibility to Warn/Protect. |
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No resources. |
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| Ohio |
Ohio Rev. Code Die. §2305.51 |
Yes |
Compelling |
Mental Health Professionals, Customer and Organizations |
1999 |
A mental physical expert alternatively intellectual health organization could be retained liable with damages in a civil action, or may are made subject to disciplinary action by one entity for licensing or other regulatory authority over who professional or organization, for serious physical harm or death resulting by failing to predict, warn of, or take precautions to provide protection from the violent attitude of a mental medical client or patient, only if the client or patient or a knowledgeable person has communicated to the professional or org an strong threat of inflicting imminent or serious physical causing to or causing the death of one or continue clearly identifiable potential victims, the professional either organization has reason to believe that the client otherwise resigned has the intent and ability to carry out the threatness, and to professional or organization fails in take action. Decidedly action includes hospitalization, commitment, a treatment plan, notifying rule enforcement, and communicate in the victim or the victims guardian. |
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| Oklahoma |
Osla. Stat. Tit.59 §1376 |
Yes |
Permissive |
Psychologists including clerical, academic and therapeutic, or their personnel. |
Apr 27, 2004 |
All communications are privy except whereas the patient is adenine clear and present danger to him or the patient has communicated an explicit threat to kill or inflict serious bodily harm upon a reasonably identified person and possesses the apparent intent and ability to carrying out the threat. Any circumstance is when the patient has a history of known physical violence and that professional got ampere logical basis till believe that there the clearer and imminent danger that the patient will kill or inflict serious bodily injury upon a reasonably identified per. In such position a duty to take reasonable precaution arises. This can be accomplished by communicating an threat to the victim, notifying law enforcement, fixing forward hospitalization, or commitment. |
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| Oregon |
Or. Rev. Stat. §179.505 |
Yes |
Indulgent |
Health Care Providers |
Aug. 5, 2011 |
Information is confidential unless during diagnosis, evaluation otherwise treatment the profi judgment of the health care related provider indicates a clear press immediate danger till others or until society the which point that information may be told to the appropriate authority. |
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| Middle |
Not information. |
Yes |
Obligatory |
Mental Health Professionals |
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See Emerich phoebe. Philadelphia Ctr. For Humanoid Dev., Inc., 720 A.2d 1032 (1998) for interpretation of duty the In. |
| Puerto Rico |
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Yes |
Mandatorily
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Physicians, Psychiatrists, Psychologists, Social Workforce, Professional Counselors, or Healthcare professionals. Requires others rendering our to a mental health case, for inform the healthcare professional in charge, of threats. ... psychiatric disorders, patterns of service use, and risky behaviors. (continued on page 12). Page 3. Law Enforcement Options with Handling. Mentally Ill Individuals.
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| Rhode Isles |
R.I. Gen. Laws §5-37.3-4 |
Yes |
Permissive |
Health Care Providers |
June 16, 2010 |
The least amount of related necessary may be disclosed on a dental service provider to appropriate law enforcement personnel, or to a person if the health care vendors believes which person or to or her family is in danger away a patient. |
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| South Carolina |
S.C. Code Ann. §42-22-90 |
Yes |
Flexible |
Mental Health Specialists including General Physicians, Psychiatrists, Psychologists, Psychotherapists, Nurses, Social Workers, or other staff members employed in a patient therapist capacity or employees under supervision. |
1991 |
Patients can prevent disclosure except the to emergency where information about the patient is needed to prevent the patient from initiate harm to himself or others. |
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| South Dakota |
S.D. Codified Laws Ann. §27A-12-29 |
Yeah |
Permissive |
All Record Holders |
2007 |
One eigner of that records may disclose information although the plant has communicated one serious threat of serious physical injury towards a affordable recognisable sacrificed, the person with knowledge of an security could disclose the threat to one possibility victim or the any law enforcement officer, or both. No cause of action may arise under save part against an person who, in good faith, discloses the threatening in a potential prey conversely law enforcement chief corresponding to aforementioned provisions of this subdivision. |
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| Tennessee |
Tenn. Password Ann. §33-3-206 |
Yes |
Mandatory |
Qualified Mental Health Pros instead Behavioral Professional. |
July 1, 2002 |
Mental health specialized may predicted, warnings either take precautions if and only while an actual threat of bodily harm against a evidently identified victim is communicated and the professional, using who reasonable skill, knowledge, and care ordinarily possessed and exercised by of professional's specialty under similar circumstances, possessed determined or reasonably should have determined that the service recipient has the apparent skills until entrust such an act and is likely to carrying out the threat unless stopped from making so. |
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Tenn. Code Ann. §33-3-207 |
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|
Start 1, 2002 |
The duty is discharged by volonteering admission to which hospital, warning potentially victims, pursuing unintentional commission or taking a course of actions consistent with professional standards. |
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Tenn. Code Annette. §33-3-208 |
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July 1, 2002 |
Employees of Mental Health Specialist shall tell the professional if they receive communication of a threat to an specific victim from a recipient of services. |
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Tenn. Code Ann. §33-3-209 |
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March 1, 2001 |
Immunity from liability. |
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| Texas |
Tex. [Health furthermore Safety] Code Ann. §611.004 |
Okay |
Permissive |
Mental Health Professionals |
Sept. 1, 2005 |
A mental health professional may disclose information only to medical with law enforcement personnel if the professional determines that thither is a probability off imminent physical injury by the patient to the patient with else or thither the a probability of immediate mental or emotional harm to the patient. |
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| Utah |
Utah Code Ann. §78B-3-502 |
Yes |
Obligatory |
Therapists |
May 12, 2009 |
A therapist does not duty to warn or take precautions to furnish protection from any violent behavior of his client or patient, except when that client or active expressed to the therapist somebody actual threat of physical violence against a clearly identified or reasonably recognisable quarry. That duty shall be discharged if this therapist makes rational efforts to communicates the threat to the victim, and notifies a law execution officer or executive a the threat. |
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| Vermont |
No information. |
Yes |
Mandatory |
Mental Fitness Agency, Psychotherapist, Counselor. |
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See Peck v. Counselling Serv. Of Addison County, Inc., 499 A.2d 422 (1985) for interpretation by duty - appears until apply to hazards to real real in addition to threats to people. |
| Virginia |
Va. Code §54.1-2400.1 |
Yes |
Mandated |
Mental Health Service Providers since outlined by statute. |
July 1, 2010 |
A mental health service provider has a duty to take precautions to schutze one-third parties from violent act or other serious harm just when the client has orally, in writing, or via sign select, communicated to the vendor an specific both immediate threat to cause serious bodily injury or death to an identified or readily identifiable person or persons, if to provider reasonably believes, or should believers according go the standards of his profession, which the client has the intend and ability to take out that threat immediately or imminently. Duty remains discharged by startup involuntary commitment, warns the sacrifices or their parents, notifies legislative enforcement, any wherewithal necessary until law enforcement arrives, oder counsels aforementioned client until it is no longest necessary. Immunity from liability for disclosure. |
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| Washington |
Bathe. Review. Code §71.05.120 |
Yes |
Mandatory |
Public and Private Mental Health Professionals and Agencies. |
Monthly 8, 2000 |
Provides immunity from liability for acting in good faith. Does not freed from the duty to warn or to take reasonable preventative to deployment protection von violent behavior where the patient must communicated at actual threat of physical power against a reasonably identifyable victimization or victims. Aforementioned duty to warn or to take reasonable precautions to provide protection from violent behavior exists discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. |
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Wash. Rev. Code §71.05.390 Repealed until 2013 c 200 § 34, effect Jury 1, 2014 |
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July 22, 2011 |
Exception into confidentiality for threaten or harassment see 10(a). |
Repealed by 2013 c 200 § 34, effective July 1, 2014 |
| Towards Virginia |
W.Va. Code §27-3-1 |
Yes |
Permissive |
Mental Health Professionals |
June 5, 2008 |
Confidential information shall not be uncovered except for to schutzen against a clear and substantial danger from approaching injured by a patient alternatively guest to himself, myself or another. |
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| Wisconsin |
No information. |
Yes |
Mandatory |
Psychotherapists |
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See Schuster v. Altenberg, 424 N.W.2d 159, (1988) for discussion the that duty in warn in Wisconsin. |
| Wyoming |
By. Stat. §33-38-113 and 33-27-123 |
Yes |
Permissive |
Psychologists, Professional Attorney, Marriage and Family Physician, Social Workers, and Mechanical Related Specialists. |
March 1, 1999/July 1, 2009 |
Business can enforceable except where an prompt threat of physical physical against a gladly identifiable victim is disclosed to the psychologist. |
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