An Act To Impose on Mental Health Professionals a Duty To Warn and Protect
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §2600-D is enacted to read:
§ 2600-D. Duty to warn and protect
1. Duty. An osteopathic physician licensed under this chapter has a duty to warn of or to take reasonable precautions to provide protection from a patient's violent behavior if the osteopathic physician has a reasonable belief based on communications with the patient that the patient is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty imposed under this subsection may not be interpreted to require the osteopathic physician to take any action that in the reasonable professional judgment of the osteopathic physician would endanger the osteopathic physician or increase the threat of danger to a potential victim.
2. Discharge of duty. An osteopathic physician subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the osteopathic physician makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the patient under Title 34-B, chapter 3, subchapter 4, article 3.
3. Immunity. The decision of an osteopathic physician to take or not to take an action authorized under this section may not be the basis for any civil or criminal liability of the osteopathic physician.
Sec. 2. 32 MRSA §3300-G is enacted to read:
§ 3300-G. Duty to warn and protect
1. Duty. A physician licensed under this chapter has a duty to warn of or to take reasonable precautions to provide protection from a patient's violent behavior if the physician has a reasonable belief based on communications with the patient that the patient is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty imposed under this subsection may not be interpreted to require the physician to take any action that in the reasonable professional judgment of the physician would endanger the physician or increase the threat of danger to a potential victim.
2. Discharge of duty. A physician subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the physician makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the patient under Title 34-B, chapter 3, subchapter 4, article 3.
3. Immunity. The decision of a physician to take or not to take an action authorized under this section may not be the basis for any civil or criminal liability of the physician.
Sec. 3. 32 MRSA §3820 is enacted to read:
§ 3820. Duty to warn and protect
1. Duty. A licensee under this chapter has a duty to warn of or to take reasonable precautions to provide protection from a patient's violent behavior if the licensee has a reasonable belief based on communications with the patient that the patient is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty imposed under this subsection may not be interpreted to require the licensee to take any action that in the reasonable professional judgment of the licensee would endanger the licensee or increase the threat of danger to a potential victim.
2. Discharge of duty. A licensee subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the licensee makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the patient under Title 34-B, chapter 3, subchapter 4, article 3.
3. Immunity. The decision of a licensee to take or not to take an action authorized under this section may not be the basis for any civil or criminal liability of the licensee.
Sec. 4. 32 MRSA §6207-C is enacted to read:
§ 6207-C. Duty to warn and protect
1. Duty. A certified alcohol and drug counselor or a licensed alcohol and drug counselor has a duty to warn of or to take reasonable precautions to provide protection from a client's violent behavior if the counselor has a reasonable belief based on communications with the client that the client is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty imposed under this subsection may not be interpreted to require the counselor to take any action that in the reasonable professional judgment of the counselor would endanger the counselor or increase the threat of danger to a potential victim.
2. Discharge of duty. A certified alcohol and drug counselor or a licensed alcohol and drug counselor subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the counselor makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the client under Title 34-B, chapter 3, subchapter 4, article 3.
3. Immunity. The decision of a certified alcohol and drug counselor or a licensed alcohol and drug counselor to take or not to take an action authorized under this section may not be the basis for any civil or criminal liability of the counselor.
Sec. 5. 32 MRSA §7006 is enacted to read:
§ 7006. Duty to warn and protect
1. Duty. A licensee under this chapter has a duty to warn of or to take reasonable precautions to provide protection from a client's violent behavior if the licensee has a reasonable belief based on communications with the client that the client is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty imposed under this subsection may not be interpreted to require the licensee to take any action that in the reasonable professional judgment of the licensee would endanger the licensee or increase the threat of danger to a potential victim.
2. Discharge of duty. A licensee subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the licensee makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the client under Title 34-B, chapter 3, subchapter 4, article 3.
3. Immunity. The decision of a licensee to take or not to take an action authorized under this section may not be the basis for any civil or criminal liability of the licensee.
Sec. 6. 32 MRSA §13866 is enacted to read:
§ 13866. Duty to warn and protect
1. Duty. A licensee under this chapter has a duty to warn of or to take reasonable precautions to provide protection from a client's violent behavior if the licensee has a reasonable belief based on communications with the client that the client is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty imposed under this subsection may not be interpreted to require the licensee to take any action that in the reasonable professional judgment of the licensee would endanger the licensee or increase the threat of danger to a potential victim.
2. Discharge of duty. A licensee subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the licensee makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the client under Title 34-B, chapter 3, subchapter 4, article 3.
3. Immunity. The decision of a licensee to take or not to take an action authorized under this section may not be the basis for any civil or criminal liability of the licensee.
SUMMARY
This bill imposes on certain mental health professionals a duty to warn and protect if a patient or client is likely to engage in physical violence that poses a serious risk of harm to self or others or that constitutes a serious threat of substantial damage to real property. The duty to warn and protect applies to osteopathic physicians, physicians, psychologists, alcohol and drug counselors, social workers and counseling professionals.