![]() Specifically, in “mandatory” as well as “permissive” jurisdictions, it is important to document the following:Īn assessment of the specific threat made by the patient.Īn assessment regarding the identity of the potential victim.Īn assessment regarding the ability of the patient to carry out the stated threat.Īttempts made to contact the potential victim (and law enforcement if required), including the content of the conversation and the means used to make contact. ![]() In the event that a claim arises against a mental health professional in a duty to warn/protect situation, the professional’s documentation will be a critical tool in building his or her defense. In a “no duty to warn” state, mental health professionals are not permitted to breach patient confidentiality to warn third parties of potential threats. Generally, the same three conditions cited above should be present to disclose otherwise protected information. In a “permissive” duty to warn state, mental health professionals may breach patient confidentiality to protect a third party, but they are not required to do so. The patient has the intent and ability to carry out the threat. There is a clearly identified or reasonably identified victim. In a “mandatory” duty to warn state, mental health professionals must warn potential victims (and in some states, law enforcement) of threats made by a patient, when all three of the following conditions are met:Ī specific threat of physical harm is made. Mandatory duty to warn (majority of states) Most jurisdictions now follow one of three approaches: The specific requirements of these laws vary by state, and it is important to consult your local attorney or risk management professional when faced with a duty to warn/protect situation. The laws afford mental health professionals immunity from civil and criminal liability for the disclosure of confidential mental health information under certain conditions. This case established a duty among mental health professionals to warn potential victims of a risk of violence. The Regents of the University of California. ![]() Most of these laws, commonly referred to as “duty to warn” laws, were passed following the seminal court case of Tarasoff v. Although psychiatrists are legally required to protect the confidentiality of mental health information disclosed by their patients, most states have laws either mandating or permitting psychiatrists to reveal confidential information when patients pose harm to a third party. ![]()
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