2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 30. IMMUNITY FROM CIVIL LIABILITY CHAPTER 16. HEALTH CARE: PRIVILEGED COMMUNICATIONS OF MENTAL HEALTH SERVICE PROVIDERS
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IC 34-30-16
Chapter 16. Health Care: Privileged Communications of
Mental Health Service Providers
IC 34-30-16-1
Immunity from civil liability; violent behavior of patient
Sec. 1. A mental health service provider is immune from civil
liability to persons other than the patient for failing to:
(1) predict; or
(2) warn or take precautions to protect from;
a patient's violent behavior unless the patient has communicated to
the provider of mental health services an actual threat of physical
violence or other means of harm against a reasonably identifiable
victim or victims, or evidences conduct or makes statements
indicating an imminent danger that the patient will use physical
violence or use other means to cause serious personal injury or death
to others.
As added by P.L.1-1998, SEC.26.
IC 34-30-16-2
Duty to warn or to take reasonable precautions; discharge
Sec. 2. The duty to warn of or to take reasonable precautions to
provide protection from violent behavior or other serious harm arises
only under the limited circumstances specified in section 1 of this
chapter. The duty is discharged by a mental health service provider
who takes one (1) or more of the following actions:
(1) Makes reasonable attempts to communicate the threat to the
victim or victims.
(2) Makes reasonable efforts to notify a police department or
other law enforcement agency having jurisdiction in the patient's
or victim's place of residence.
(3) Seeks civil commitment of the patient under IC 12-26.
(4) Takes steps reasonably available to the provider to prevent
the patient from using physical violence or other means of harm
to others until the appropriate law enforcement agency can be
summoned and takes custody of the patient.
(5) Reports the threat of physical violence or other means of
harm, within a reasonable period of time after receiving
knowledge of the threat, to a physician or psychologist who is
designated by the employer of a mental health service provider
as an individual who has the responsibility to warn under this
chapter.
As added by P.L.1-1998, SEC.26.
IC 34-30-16-3
Patient privacy and confidentiality; immunity from liability
Sec. 3. A mental health service provider who discloses
information that must be disclosed to comply with sections 1 through
2 of this chapter is immune from civil and criminal liability under
Indiana statutes that protect patient privacy and confidentiality.
As added by P.L.1-1998, SEC.26.
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