TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 19

LIMITATION OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN

6-1903.  Discharge of a mental health professional’s duty to warn. (1) The duty to warn arises only under the limited circumstances specified in section 6-1902, Idaho Code. The duty to warn a clearly identifiable victim shall be discharged when the mental health professional has made a reasonable effort to communicate, in a reasonable timely manner, the threat to the victim and has notified the law enforcement agency closest to the patient’s or victim’s residence of the threat of violence, and has supplied a requesting law enforcement agency with any information he has concerning the threat of violence. If the victim is a minor, in addition to notifying the appropriate law enforcement agency as required in this subsection, the mental health professional shall make a reasonable effort to communicate the threat to the victim’s custodial parent, noncustodial parent, or legal guardian.

(2)  The provisions of this section do not limit or affect the mental health professional’s duty to report child abuse or neglect in accordance with section 16-1605, Idaho Code.

History:

[6-1903, added 1991, ch. 235, sec. 1, p. 565; am. 2005, ch. 391, sec. 2, p. 1264.]