78B-3-502. Limitation of therapist's duty to warn.
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/ut/title-78b/chapter-3/78b-3-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2022
78B-3-502. Limitation of therapist's duty to warn.
(1)A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, except when that client or patient communicated to the therapist an actual threat of physical violence against a clearly identified or reasonably identifiable victim. That duty shall be discharged if the therapist makes reasonable efforts to communicate the threat to the victim, and notifies a law enforcement officer or agency of the threat.
(2)An action may not be brought against a therapist for breach of trust or privilege, or for disclosure of confidential information, based on a therapist's communication of information to a third party in an effort to discharge his duty in accordance with Subsection
(1).
(3)This section does not limit or affect a therapist's duty to report child abuse or neglect in accordance with Section 80-2-602 .
Amended by Chapter 335 , 2022 General Session