§ 32 §6207-C — Duty to warn and protect

Maine § 32 §6207-C

• Jurisdiction: Maine
• Title 32: PROFESSIONS AND OCCUPATIONS
• Ch. 81: ALCOHOL AND DRUG COUNSELORS

Text

1.
Duty.
A certified alcohol and drug counselor or a licensed alcohol and drug counselor has a duty to warn of or to take reasonable precautions to provide protection from a client's violent behavior if the counselor has a reasonable belief based on communications with the client that the client is likely to engage in physical violence that poses a serious risk of harm to self or others. The duty imposed under this subsection may not be interpreted to require the counselor to take any action that in the reasonable professional judgment of the counselor would endanger the counselor or increase the threat of danger to a potential victim.
2.
Discharge of duty.
A certified alcohol and drug counselor or a licensed alcohol and drug counselor subject to a duty to warn or provide protection under subsection 1 may discharge that duty if the counselor makes reasonable efforts to communicate the threat to a potential victim, notifies a law enforcement agency or seeks involuntary hospitalization of the client under Title 34‑B, chapter 3, subchapter 4, article 3.
3.
Immunity.
No monetary liability and no cause of action may arise concerning client privacy or confidentiality against an alcohol and drug counselor certified or licensed under this chapter for information disclosed to 3rd parties in an effort to discharge a duty under subsection 2.

Legislative History

PL 2019, c. 317, §4 (NEW).