TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 19

LIMITATION OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN

6-1904.  Immunity from liability. (1) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health care professional for failure to predict or take precautions to provide protection from a patient’s violent behavior, other than the duty to warn provided in section 6-1902, Idaho Code, unless the mental health care professional failed to exercise that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of his professional specialty under similar circumstances.

(2)  No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health professional, who has a reasonable basis for believing that he has a duty to warn pursuant to section 6-1902, Idaho Code, for disclosing confidential or privileged information in an effort to discharge such duty.

(3)  The provisions of this section do not modify any duty to take precautions to prevent harm by a patient that may arise if the patient is within the custodial responsibility of a hospital or other facility or is being discharged therefrom.

(4)  Except as provided in section 6-1902, Idaho Code, the provisions of this section do not modify the provisions of sections 6-1001 through 6-1013, Idaho Code.

History:

[6-1904, added 1991, ch. 235, sec. 1, p. 566; am. 2010, ch. 79, sec. 1, p. 133.]