§ 34-30-16-2 — Duty to warn or to take reasonable precautions; discharge

Indiana § 34-30-16-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 16: Health Care: Privileged Communications of Mental

Text

The duty to warn of or to take reasonable
precautions to provide protection from violent behavior or other serious
harm arises only under the limited circumstances specified in section
1 of this chapter. The duty is discharged by a mental health service
provider who takes one (1) or more of the following actions:
(1) Makes reasonable attempts to communicate the threat to the
victim or victims.
(2) Makes reasonable efforts to notify a police department or
other law enforcement agency having jurisdiction in the patient's
or victim's place of residence.
(3) Seeks civil commitment of the patient under IC 12-26.
(4) Takes steps reasonably available to the provider to prevent the
patient from using physical violence or other means of harm to
others until the appropriate law enforcement agency can be
summoned and takes custody of the patient.
(5) Reports the threat of physical violence or other means of
harm, within a reasonable period of time after receiving
knowledge of the threat, to a physician or psychologist who is
designated by the employer of a mental health service provider as
an individual who has the responsibility to warn under this
chapter.
[Pre-1998 Recodification Citation: 34-4-12.4-3.]

Legislative History

As added by P.L.1-1998, SEC.26.