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REFERENCE TITLE: mental health providers; civil liability |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1321 |
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Introduced by Senator Huppenthal
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AN ACT
Amending section 36-517.02, Arizona Revised Statutes; relating to mental health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-517.02, Arizona Revised Statutes, is amended to read:
36-517.02. Limitation of liability; exception; discharge of duty; immunity for disclosure
A. There shall be is no cause of action against a mental health provider nor shall or legal liability be imposed for breaching a duty to prevent harm to a person caused by a patient, unless both of the following occur:
1. The patient has communicated to the mental health provider an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such that threat.
2. The mental health provider fails to take reasonable precautions.
B. Any duty owed by a mental health provider to take reasonable precautions to prevent harm threatened by a patient is discharged by all of the following:
1. Communicating when possible the threat to all identifiable victims.
2. Notifying a law enforcement agency in the vicinity where the patient or any potential victim resides.
3. Taking reasonable steps to initiate proceedings for voluntary or involuntary hospitalization, if appropriate.
4. Taking any other precautions that a reasonable and prudent mental health provider would take under the circumstances.
C. Whenever If a patient has explicitly threatened to cause serious harm to a person or whenever if a mental health provider reasonably concludes that a patient is likely to do so, and the mental health provider, for the purpose of reducing the risk of harm, discloses a confidential communication made by or relating to the patient, the mental health provider shall be is immune from liability resulting from such that disclosure.
D. The applicable standard of care in an action brought against a mental health provider for harm caused by a patient is gross negligence.
E. A mental health care provider is not liable for punitive damages for acts committed by the mental health provider's patients.
D. F. This section shall does not limit and shall be is in addition to any other statutory immunitites immunities from liability of for mental health providers or mental health treatment agencies as otherwise provided by law.