As of October 1, 2023, this bill extends the statutory duty that qualified mental health professionals and behavior analysts have to notify potential victims and law enforcement of an actual threat of bodily harm against a clearly identified victim made by a person receiving mental health services to apply to all licensed physicians, nurse practitioners, and physician assistants (collectively referred to as "health care providers").
DUTY TO PREDICT, WARN, OR TAKE PRECAUTIONS TO PROVIDE PROTECTION
Present law requires a qualified mental health professional or behavior analyst to take reasonable care to predict, warn of, or take precautions to protect an identified victim from a service recipient's violent behavior if, and only if, the following occurs:
(1) The service recipient has communicated to the qualified mental health professional or behavior analyst an actual threat of bodily harm against a clearly identified victim; and
(2) The professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so.
Present law specifies that a mental health professional or service provider discharges the duty to predict, warn, or take precautions to provide protection by:
(1) Informing the clearly identified victim of the threat;
(2) Having the service recipient admitted on a voluntary basis to a hospital;
(3) Taking steps to seek admission of the service recipient to a hospital or treatment resource on an involuntary basis; or
(4) Pursuing a course of action consistent with current professional standards that will discharge the duty.
This bill adds that the duty may be discharged by reporting the threat to law enforcement (as described below).
This bill places the same duties and responsibilities on health care providers.
This bill also makes such duties and responsibilities apply when a threat is made against a "victim" rather than a "clearly identified victim".
REPORTING TO LOCAL LAW ENFORCEMENT
Present law provides that, if a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, then the professional or analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by their specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, must immediately report the service recipient to local law enforcement, who must take appropriate action based upon the information reported.
Present law provides that, if a mental health professional or behavior analyst is required to report as described in the paragraph above, then the professional or analyst must report the following information:
(1) The complete name and all aliases of the service recipient;
(2) The name of the professional or analyst and the name of the private or state hospital or treatment resource from which the individual may be receiving services;
(3) The date of birth of the service recipient;
(4) The race and sex of the service recipient; and
(5) The social security number of the service recipient, if available.
Present law clarifies that the information described in (1)-(3) above, the confidentiality of which is protected by other statutes or regulations, must be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except as may be necessary in the conduct of certain criminal proceedings.
This bill places the same reporting duties and responsibilities on health care providers.
This bill also makes the duty to report attach when there is an actual threat of serious bodily harm or death against a "victim" rather than a "reasonably identifiable victim".

Statutes affected:
Introduced: 33-3-206, 33-3-207, 33-3-207(1), 33-3-208(2), 33-3-208, 33-3-208(1), 33-3-210(a), 33-3-210, 33-3-210(b)