2023 Tennessee Code
Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106)
Chapter 3 - GENERAL RULES APPLICABLE TO SERVICE RECIPIENTS (§§ 33-3-101 — 33-3-904)
Part 2 - SPECIAL LIABILITY RULES (§§ 33-3-201 — 33-3-221)
Section 33-3-206 - Duty to predict, warn or take precautions to provide protection - Liability

Universal Citation:
TN Code § 33-3-206 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (a) IF AND ONLY IF
    • (1) a service recipient has communicated to a qualified mental health professional or behavior analyst an
      • (A) intent for actual threat of bodily harm against a clearly identified victim, OR
      • (B) intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND
    • (2) the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's or analyst's specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so,

      THEN

    • (3) the professional or analyst shall
      • (A) take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND
      • (B) report the threat to
        • (i) the local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR
        • (ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.
  • (b) A qualified mental health professional or behavior analyst who acts or makes a reasonable attempt to act in accordance with subsection (a) is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by a regulatory board for such act or reasonable attempt to act.
  • (c) Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section.

Amended by 2024 Tenn. Acts, ch. 783,s 1, eff. 4/23/2024.

Acts 1989, ch. 549, § 1; T.C.A., § 33-10-302(a); Acts 2000, ch. 947, § 1; 2001, ch. 334, § 3; 2002, ch. 730, § 17.


Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.