HF 2691

as introduced - 89th Legislature (2015 - 2016) Posted on 03/31/2016 05:15pm

A bill for an act
relating to health occupations; extending the duty to warn to alcohol and drug
counseling practicum students and postdegree professional practice; amending
Minnesota Statutes 2014, section 148F.13, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 148F.13, subdivision 2, is amended to read:

Subd. 2.

Duty to warn; limitation on liability.

new text begin (a) new text end Private information may be
disclosed without the consent of the client when a duty to warn arises, or as otherwise
provided by law or court order. The duty to warn of, or take reasonable precautions to
provide protection from, violent behavior arises only when a client or other person has
communicated to the provider a specific, serious threat of physical violence to self or a
specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
is discharged by the provider if reasonable efforts are made to communicate the threat to
law enforcement agencies, the potential victim, the family of the client, or appropriate
third parties who are in a position to prevent or avert the harm. No monetary liability
and no cause of action or disciplinary action by the board may arise against a provider
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.

new text begin (b) For purposes of this subdivision, "provider" includes an alcohol and drug
counseling practicum student and individuals who are participating in a postdegree
professional practice in alcohol and drug counseling.
new text end