HF 3620

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to marriage; family therapists; imposing duty to warn of violent patient
behavior; limiting liability; proposing coding for new law in Minnesota Statutes,
chapter 148B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148B.195] DUTY TO WARN; LIMITATION ON LIABILITY;
VIOLENT BEHAVIOR OF PATIENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Other person" means an immediate family member or someone who personally
knows the client and has reason to believe the client is capable of and will carry out the
serious, specific threat of harm to a specific, clearly identified or identifiable victim.
new text end

new text begin (c) "Reasonable efforts" means communicating the serious, specific threat to the
potential victim and, if unable to make contact with the potential victim, communicating
the serious, specific threat to the law enforcement agency closest to the potential victim or
the client.
new text end

new text begin Subd. 2. new text end

new text begin Duty to warn. new text end

new text begin The duty to predict, warn, or take reasonable precautions to
provide protection from violent behavior arises only when a client or other person has
communicated to the licensee a specific, serious threat of physical violence against a
specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
is discharged by the licensee if reasonable efforts, as defined in subdivision 1, paragraph
(c), are made to communicate the threat.
new text end

new text begin Subd. 3. new text end

new text begin Liability standard. new text end

new text begin If no duty to warn exists under subdivision 2, then no
monetary liability and no cause of action may arise against a licensee for failure to predict,
warn, or take reasonable precautions to provide protection from a client's violent behavior.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of confidences. new text end

new text begin Good faith compliance with the duty to warn
shall not constitute a breach of confidence and shall not result in monetary liability or a
cause of action against the licensee.
new text end

new text begin Subd. 5. new text end

new text begin Continuity of care. new text end

new text begin Nothing in subdivision 2 may be construed to
authorize a licensee to terminate treatment of a client as a direct result of a client's violent
behavior or threat of physical violence unless the client is referred to another practitioner
or appropriate health care facility.
new text end

new text begin Subd. 6. new text end

new text begin Exception. new text end

new text begin This section does not apply to a threat to commit suicide or
other threats by a client to harm the client, or to a threat by a client who is adjudicated
mentally ill and dangerous under chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Optional disclosure. new text end

new text begin Nothing in this section may be construed to prohibit
a licensee from disclosing confidences to third parties in a good-faith effort to warn
against or take precautions against a client's violent behavior or threat to commit suicide
for which a duty to warn does not arise.
new text end

new text begin Subd. 8. new text end

new text begin Limitation on liability. new text end

new text begin No monetary liability and no cause of action, or
disciplinary action by the board may arise against a licensee for disclosure of confidences
to third parties, for failure to disclose confidences to third parties, or for erroneous
disclosure of confidences to third parties in a good-faith effort to warn against or take
precautions against a client's violent behavior or threat of suicide for which a duty to
warn does not arise.
new text end