SB 5800: Duty to Warn Gets a Hearing

March 19, 2017

Senate Bill 5800 will clarify that mental health providers have a duty to warn of a serious or imminent threat to the health or safety of a reasonably identifiable person or persons. They discharge the duty by communicating the threat to the person or persons whose health or safety is threatened or to law enforcement.  Once the duty is discharged, limited liability protections are conferred on the provider.  (Read more about its importance here.)

This bill passed the Senate and was amended. It will get a hearing in the House on Wednesday. It is crucial that legislators understand and address the ambiguity left by the Supreme Court in the Volk v DeMeerleer case.

Hospital and health system leaders who have representatives on the House Judiciary committee will be contacted directly early next week about getting their voices heard on this bill. (Taya Briley)


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