Montana Code 27-1-1102. Duty to warn of violent behavior
27-1-1102. Duty to warn of violent behavior. A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:
Terms Used In Montana Code 27-1-1102
- mental health professional: means :
(1)a certified professional person as defined in 53-21-106;
(2)a physician licensed under Title 37, chapter 3;
(3)a professional counselor licensed under Title 37, chapter 39;
(4)a psychologist licensed under Title 37, chapter 17;
(5)a clinical social worker licensed under Title 37, chapter 39;
(6)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing; or
(7)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 27-1-1101
(1)made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient’s or the victim’s residence of the threat of violence; and
(2)supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.