Duty to warn or to take reasonable precautions; discharge
Sec. 2. 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.
As added by P.L.1-1998, SEC.26.
Last modified: May 24, 2006