KRS § 202A.400 — KY Code / Title XVII / Chapter 202A / Section 202A.400
202A.400 Duty of mental health professional to warn intended victim of patient's threat of violence
Status: in_force

202A.400 Duty of mental health professional to warn intended victim of patient's

threat of violence.

(1) No monetary liability and no cause of action shall arise against any mental health

professional for failing to predict, warn of or take precautions to provide protection

from a patient's violent behavior, unless the patient has communicated to the mental

health professional an actual threat of physical violence against a clearly identified

or reasonably identifiable victim, or unless the patient has communicated to the

mental health professional an actual threat of some specific violent act.

(2) The duty to warn of or to take reasonable precautions to provide protection from

violent behavior arises only under the limited circumstances specified in subsection

(1) of this section. The duty to warn a clearly or reasonably identifiable victim shall

be discharged by the mental health professional if reasonable efforts are made to

communicate the threat to the victim, and to notify the police department closest to

the patient's and the victim's residence of the threat of violence. When the patient

has communicated to the mental health professional an actual threat of some

specific violent act and no particular victim is identifiable, the duty to warn has

been discharged if reasonable efforts are made to communicate the threat to law

enforcement authorities. The duty to take reasonable precaution to provide

protection from violent behavior shall be satisfied if reasonable efforts are made to

seek civil commitment of the patient under this chapter.

(3) No monetary liability and no cause of action shall arise against any mental health

professional for confidences disclosed to third parties in an effort to discharge a

duty arising under subsection (1) of this section according to the provisions of

subsection (2) of this section.

(4) For purposes of this section:

(a) "Mental health professional" means:

1. A physician licensed under the laws of Kentucky to practice medicine or

osteopathy, or a medical officer of the government of the United States

while engaged in conducting mental health services;

2. A psychiatrist licensed under the laws of Kentucky to practice medicine

or osteopathy, or a medical officer of the government of the United

States engaged in conducting mental health services;

3. A psychologist, a psychological practitioner, a certified psychologist, or

a psychological associate, licensed under the provisions of KRS Chapter

319;

4. A registered nurse licensed under the provisions of KRS Chapter 314

engaged in providing mental health services;

5. A licensed clinical social worker licensed under the provisions of KRS

335.100, or a certified social worker licensed under the provisions of

KRS 335.080 engaged in providing mental health services;

6. A marriage and family therapist licensed under the provisions of KRS

335.300 to 335.399 engaged in providing mental health services;

7. A professional counselor credentialed under the provisions of KRS

Chapter 335.500 to 335.599 engaged in providing mental health

services;

8. An art therapist certified under KRS 309.130 engaged in providing

mental health services; or

9. A pastoral counselor licensed under the provisions of KRS 335.600 to

335.699 engaged in providing mental health services; and

(b) "Patient" has the same meaning as in KRS 202A.011, except that it also

includes a person currently under the outpatient care or treatment of a mental

health professional.