as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/28/2008 |
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:
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(a) The definitions in this subdivision apply to this
section.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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