An Act To Impose on Mental Health Professionals a Duty To Wam and Protect
Maine Legislature, Session 129, LD 0287
Committee Amendment CA_A_H450 (House)

COMMITTEE AMENDMENT "A" to H.P. 211, L.D. 287, Bill, "An Act To 
Impose on Mental Health Professionals a Duty To Wam and Protect" 
Amend the bill in section 1 in §2600-D in subsection 1 in the 5th and 6th lines (page 
1, lines 8 and 9 in L.D.) by striking out the following: "or that constitutes a serious threat 
of substantial damage to real property" 
Amend the bill in section 1 in §2600-D by striking out all of subsection 3 (page 1, 
lines 18 to 20 in L.D.) and inserting the following: 
13. Immunity, No monetary liability and no cause of action may arise conceming 
patient privacy or confidentiality against an osteopathic physician licensed under this 
chapter for information disclosed to 3rd parties in an effort to discharge a duty under 
subsection 2. 1 
Amend the bill in section 2 in §3300-G in subsection 1 in the 5th and 6th lines (page 
1, lines 27 and 28 in L.D.) by strildng out the following: "or that constitutes a serious 
threat of substantial damage to real property" 
Amend the bill in section 2 in §3300-G by striking out all of subsection 3 (page 1, 
lines 36 and 37 in L.D.) and inserting the following: 
13. Immunity. No monetary liability and no cause of action may arise concerning 
patient privacy or confidentiality against a physician licensed under this chapter for 
info1mation disclosed to 3rd parties in an effort to discharge a duty under subsection 2.' 
Amend the bill in section 3 in §3820 in subsection 1 in the 4th and 5th lines (page 2, 
lines 5 and 6 in L.D.) by strildng out the following: "or that constitutes a serious threat of 
substantial damage to real property" 
Amend the bill in section 3 in §3820 by strildng out all of subsection 3 (page 2, lines 
and 16 in L.D.) and inserting the following: 
13. Immunity. No monetary liability and no cause of action may arise concerning 
patient privacy or confidentiality against a person licensed under this chapter for 
information disclosed to 3rd parties in an effort to discharge a duty under subsection 2.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,j} "to H.P. 211, L.D. 287 
Amend the bill in section 4 in §6207-C in subsection 1 in the 5th and 6th lines (page 
2, lines 23 and 24 in L.D.) by striking out the following: 
11or that constitutes a serious 
threat of substantial damage to real property" 
Amend the bill in section 4 in §6207-C by striking out all of subsection 3 (page 2, 
lines 33 to 35 in L.D.) and inserting the following: 
'3. Immunity. No monetary liability and no cause of action may arise concerning 
client privacy or confidentiality against an alcohol and drug counselor certified or 
licensed under this chapter for information disclosed to 3rd parties in an effort to 
discharge a duty under subsection 2.' 
Amend the bill in section 5 in §7006 in subsection 1 in the 4th and 5th lines (page 3, 
lines 2 and 3 in L.D.) by striking out the following: "or that constitutes a serious threat of 
substantial damage to real property" 
Amend the bill in section 5 in §7006 by striking out all of subsection 3 (page 3, lines 
and 13 in L.D.) and inserting the following: 
'3. Immunity. No monetary liability and no cause of action may arise concerning 
client privacy or confidentiality against a person licensed under this chapter for 
information disclosed to 3rd parties in an effort to discharge a duty under subsection 2.' 
Amend the bill in section 6 in §13866 in subsection 1 in the 4th and 5th lines (page 3, 
lines 19 and 20 in L.D.) by striking out the following: 
11or that constitutes a serious threat 
of substantial damage to real property" 
Amend the bill in section 6 in §13866 by striking out all of subsection 3 (page 3, lines 
and 30 in L.D.) and inserting the following: 
'3. Immunity. No moneta1y liability and no cause of action may arise concerning 
client privacy or confidentiality against a person licensed under this chapter for 
information disclosed to 3rd parties in an effort to discharge a duty under subsection 2.' 
SUMMARY 
This amendment clarifies the duty that the bill imposes on certain professionals to 
warn and protect if a patient or client is likely to engage in physical violence by limiting 
the duty to cases in which there is a belief that the patient is likely to pose a serious risk 
of harm to self or others. The bill includes a duty with regard to a serious threat of 
substantial damage to real property, which this amendment deletes. 
This amendment also replaces the immunity language provided in the bill to make 
clear that there is no monetary liability and that the specific mental health professionals 
are not subject to a cause of action based on the disclosure of information to a 3rd party in 
an effort to discharge the duty to warn or protect. 
COMMITTEE AMENDMENT