2012 Kentucky Revised Statutes CHAPTER 645 MENTAL HEALTH ACT 645.270 Duty of mental health professional to warn intended victim of patient's threat of violence.
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645.270 Duty of mental health professional to warn intended victim of patient's
threat of violence.
(1)
(2)
(3)
No monetary liability and no cause of action shall arise against any mental health
professional or person serving in a counselor role for failing to predict, warn or take
precautions to provide protection from a patient's violent behavior, unless the
patient has communicated to the mental health professional or person serving in a
counselor role an actual threat of physical violence against a clearly identified or
reasonably identified victim, or unless the patient has communicated to the mental
health professional or other person serving in a counselor role an actual threat of
some specific violent act.
The duty to warn or to take reasonable precautions to provide protection from
violent behavior arises only under limited circumstances specified in subsection (1)
of this section. The duty to warn a clearly or reasonably identifiable victim shall be
discharged by the mental health professional or person serving in a counselor role if
reasonable efforts are made to communicate the threat to the victim and to notify
the law enforcement office closest to the patient's and the victim's residence of the
threat of violence. If the patient has communicated to the mental health professional
or person serving in a counselor role an actual threat of some specific violent act
and no particular victim is identifiable, the duty to warn has been discharged if
reasonable efforts are made to communicate the threat to law enforcement
authorities. The duty to take reasonable precautions to provide protection from
violent behavior shall be satisfied if reasonable efforts are made to seek civil
commitment of the child under KRS Chapter 645.
No monetary liability and no cause of action shall arise against any mental health
professional or person serving in a counselor role for confidences disclosed to third
parties in an effort to discharge a duty arising under this section.
Effective: March 28, 2002
History: Amended 2002 Ky. Acts ch. 99, sec. 6, effective March 28, 2002. -- Created
1988 Ky. Acts ch. 350, sec. 128, effective April 10, 1988.
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