645.270 Duty of mental health professional to warn intended victim of patient's

307 words·~1 min read·/ky/645-270

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

threat of violence.

(1)No monetary liability and no cause of action shall arise against any mental health

professional or person serving in a counselor role for failing to predict, warn or take

precautions to provide protection from a patient's violent behavior, unless the

patient has communicated to the mental health professional or person serving in a

counselor role an actual threat of physical violence against a clearly identified or

reasonably identified victim, or unless the patient has communicated to the mental

health professional or other person serving in a counselor role an actual threat of

some specific violent act.

(2)The duty to warn or to take reasonable precautions to provide protection from

violent behavior arises only under limited circumstances specified in subsection

of this section. The duty to warn a clearly or reasonably identifiable victim shall be

discharged by the mental health professional or person serving in a counselor role if

reasonable efforts are made to communicate the threat to the victim and to notify

the law enforcement office closest to the patient's and the victim's residence of the

threat of violence. If the patient has communicated to the mental health professional

or person serving in a counselor role an actual threat of some specific violent act

and no particular victim is identifiable, the duty to warn has been discharged if

reasonable efforts are made to communicate the threat to law enforcement

authorities. The duty to take reasonable precautions to provide protection from

violent behavior shall be satisfied if reasonable efforts are made to seek civil

commitment of the child under KRS Chapter 645.

(3)No monetary liability and no cause of action shall arise against any mental health

professional or person serving in a counselor role for confidences disclosed to third

parties in an effort to discharge a duty arising under this section.