Current through the 2024 Legislative Session
Section 329-B:29 - Civil Liability; Duty to WarnI. Any person licensed under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client or patient's violent behavior when the client or patient has communicated to such licensee a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property. II. The duty to warn may be discharged by, and no monetary liability or cause of action shall arise against, any person licensed under this chapter if the licensee makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client/patient's or potential victim's residence, or obtains civil commitment of the client or patient to the state mental health system.III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person licensed under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.Added by 2012, 233:1, eff. 7/1/2013. 2012, 233:1, eff. July 1, 2013.