An Act To Impose on Mental Health Professionals a Duty To Warn and Protect
Maine Legislature, Session 129, LD 0287
Committee: Health Coverage, Insurance and Financial Services
Sponsors: TEPLER, GRATWICK, BAILEY, BEEBE-CENTER, GRAMLICH, MORALES, STOVER
Amends: 32 MRSA §2600-D, 32 MRSA §3300-G, 32 MRSA §3820, 32 MRSA §6207-C, 32 MRSA §7006, 32 MRSA §13866

Legislative Document
No. 287
H.P. 211
House of Representatives, January 22, 2019
An Act To Impose on Mental Health Professionals a Duty To Warn 
and Protect
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TEPLER of Topsham.
Cosponsored by Senator GRATWICK of Penobscot and
Representatives: BAILEY of Saco, BEEBE-CENTER of Rockland, GRAMLICH of Old 
Orchard Beach, McCREIGHT of Harpswell, MORALES of South Portland, STOVER of 
Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §2600-D is enacted to read:
§2600-D.  Duty to warn and protect
1.  Duty.  An osteopathic physician licensed under this chapter has a duty to warn of 
or to take reasonable precautions to provide protection from a patient's violent behavior if 
the osteopathic physician has a reasonable belief based on communications with the 
patient that the patient is likely to engage in physical violence that poses a serious risk of 
harm to self or others or that constitutes a serious threat of substantial damage to real 
property. The duty imposed under this subsection may not be interpreted to require the 
osteopathic physician to take any action that in the reasonable professional judgment of 
the osteopathic physician would endanger the osteopathic physician or increase the threat 
of danger to a potential victim.
2.  Discharge of duty.  An osteopathic physician subject to a duty to warn or provide 
protection under subsection 1 may discharge that duty if the osteopathic physician makes 
reasonable efforts to communicate the threat to a potential victim, notifies a law 
enforcement agency or seeks involuntary hospitalization of the patient under Title 34-B, 
chapter 3, subchapter 4, article 3.
3.  Immunity.  The decision of an osteopathic physician to take or not to take an 
action authorized under this section may not be the basis for any civil or criminal liability 
of the osteopathic physician.
Sec. 2.  32 MRSA §3300-G is enacted to read:
§3300-G.  Duty to warn and protect
1.  Duty.  A physician licensed under this chapter has a duty to warn of or to take 
reasonable precautions to provide protection from a patient's violent behavior if the 
physician has a reasonable belief based on communications with the patient that the 
patient is likely to engage in physical violence that poses a serious risk of harm to self or 
others or that constitutes a serious threat of substantial damage to real property.  The duty 
imposed under this subsection may not be interpreted to require the physician to take any 
action that in the reasonable professional judgment of the physician would endanger the 
physician or increase the threat of danger to a potential victim.
2.  Discharge of duty.  A physician subject to a duty to warn or provide protection 
under subsection 1 may discharge that duty if the physician makes reasonable efforts to 
communicate the threat to a potential victim, notifies a law enforcement agency or seeks 
involuntary hospitalization of the patient under Title 34-B, chapter 3, subchapter 4, article 
3.
3.  Immunity.  The decision of a physician to take or not to take an action authorized 
under this section may not be the basis for any civil or criminal liability of the physician.
Sec. 3.  32 MRSA §3820 is enacted to read:
§3820.  Duty to warn and protect
1.  Duty.  A licensee under this chapter has a duty to warn of or to take reasonable 
precautions to provide protection from a patient's violent behavior if the licensee has a 
reasonable belief based on communications with the patient that the patient is likely to 
engage in physical violence that poses a serious risk of harm to self or others or that 
constitutes a serious threat of substantial damage to real property.  The duty imposed 
under this subsection may not be interpreted to require the licensee to take any action that 
in the reasonable professional judgment of the licensee would endanger the licensee or 
increase the threat of danger to a potential victim.
2.  Discharge of duty.  A licensee subject to a duty to warn or provide protection 
under subsection 1 may discharge that duty if the licensee makes reasonable efforts to 
communicate the threat to a potential victim, notifies a law enforcement agency or seeks 
involuntary hospitalization of the patient under Title 34-B, chapter 3, subchapter 4, article 
3.
3.  Immunity.  The decision of a licensee to take or not to take an action authorized 
under this section may not be the basis for any civil or criminal liability of the licensee.
Sec. 4.  32 MRSA §6207-C is enacted to read:
§6207-C.  Duty to warn and protect
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 or that constitutes a serious threat of 
substantial damage to real property.  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.  The decision of a certified alcohol and drug counselor or a licensed 
alcohol and drug counselor to take or not to take an action authorized under this section 
may not be the basis for any civil or criminal liability of the counselor.
Sec. 5.  32 MRSA §7006 is enacted to read:
§7006.  Duty to warn and protect
1.  Duty.  A licensee under this chapter has a duty to warn of or to take reasonable 
precautions to provide protection from a client's violent behavior if the licensee 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 or that 
constitutes a serious threat of substantial damage to real property.  The duty imposed 
under this subsection may not be interpreted to require the licensee to take any action that 
in the reasonable professional judgment of the licensee would endanger the licensee or 
increase the threat of danger to a potential victim.
2.  Discharge of duty.  A licensee subject to a duty to warn or provide protection 
under subsection 1 may discharge that duty if the licensee 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.  The decision of a licensee to take or not to take an action authorized 
under this section may not be the basis for any civil or criminal liability of the licensee.
Sec. 6.  32 MRSA §13866 is enacted to read:
§13866.  Duty to warn and protect
1.  Duty.  A licensee under this chapter has a duty to warn of or to take reasonable 
precautions to provide protection from a client's violent behavior if the licensee 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 or that 
constitutes a serious threat of substantial damage to real property.  The duty imposed 
under this subsection may not be interpreted to require the licensee to take any action that 
in the reasonable professional judgment of the licensee would endanger the licensee or 
increase the threat of danger to a potential victim.
2.  Discharge of duty.  A licensee subject to a duty to warn or provide protection 
under subsection 1 may discharge that duty if the licensee 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.  The decision of a licensee to take or not to take an action authorized 
under this section may not be the basis for any civil or criminal liability of the licensee.
SUMMARY
This bill imposes on certain mental health professionals a duty to warn and protect if 
a patient or client is likely to engage in physical violence that poses a serious risk of harm 
to self or others or that constitutes a serious threat of substantial damage to real property.  
The duty to warn and protect applies to osteopathic physicians, physicians, psychologists, 
alcohol and drug counselors, social workers and counseling professionals.