(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.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 61, sec. 1, effective June 24, 2015. — Amended
2014 Ky. Acts ch. 64, sec. 1, effective July 15, 2014. — Amended 2002 Ky. Acts ch.
99, sec. 3, effective March 28, 2002. — Created 1986 Ky. Acts ch. 348, sec. 1, effective July 15, 1986.