§ 54.1-2400.1. Mental health service providers; duty to protect thirdparties; immunity.
A. As used in this section:
"Certified substance abuse counselor" means a person certified to providesubstance abuse counseling in a state-approved public or private substanceabuse program or facility.
"Client" or "patient" means any person who is voluntarily orinvoluntarily receiving mental health services or substance abuse servicesfrom any mental health service provider.
"Clinical psychologist" means a person who practices clinical psychology asdefined in § 54.1-3600.
"Clinical social worker" means a person who practices social work asdefined in § 54.1-3700.
"Licensed practical nurse" means a person licensed to practice practicalnursing as defined in § 54.1-3000.
"Licensed substance abuse treatment practitioner" means any person licensedto engage in the practice of substance abuse treatment as defined in §54.1-3500.
"Marriage and family therapist" means a person licensed to engage in thepractice of marriage and family therapy as defined in § 54.1-3500.
"Mental health professional" means a person who by education and experienceis professionally qualified and licensed in Virginia to provide counselinginterventions designed to facilitate an individual's achievement of humandevelopment goals and remediate mental, emotional, or behavioral disordersand associated distresses which interfere with mental health and development.
"Mental health service provider" or "provider" refers to any of thefollowing: (i) a person who provides professional services as a certifiedsubstance abuse counselor, clinical psychologist, clinical social worker,licensed substance abuse treatment practitioner, licensed practical nurse,marriage and family therapist, mental health professional, physician,professional counselor, psychologist, registered nurse, school psychologist,or social worker; (ii) a professional corporation, all of whose shareholdersor members are so licensed; or (iii) a partnership, all of whose partners areso licensed.
"Professional counselor" means a person who practices counseling as definedin § 54.1-3500.
"Psychologist" means a person who practices psychology as defined in §54.1-3600.
"Registered nurse" means a person licensed to practice professional nursingas defined in § 54.1-3000.
"School psychologist" means a person who practices school psychology asdefined in § 54.1-3600.
"Social worker" means a person who practices social work as defined in §54.1-3700.
B. A mental health service provider has a duty to take precautions to protectthird parties from violent behavior or other serious harm only when theclient has orally, in writing, or via sign language, communicated to theprovider a specific and immediate threat to cause serious bodily injury ordeath to an identified or readily identifiable person or persons, if theprovider reasonably believes, or should believe according to the standards ofhis profession, that the client has the intent and ability to carry out thatthreat immediately or imminently. If the third party is a child, in additionto taking precautions to protect the child from the behaviors in the abovetypes of threats, the provider also has a duty to take precautions to protectthe child if the client threatens to engage in behaviors that wouldconstitute physical abuse or sexual abuse as defined in § 18.2-67.10. Theduty to protect does not attach unless the threat has been communicated tothe provider by the threatening client while the provider is engaged in hisprofessional duties.
C. The duty set forth in subsection B is discharged by a mental healthservice provider who takes one or more of the following actions:
1. Seeks involuntary admission of the client under Article 16 (§ 16.1-335 etseq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800 et seq.) of Title37.2.
2. Makes reasonable attempts to warn the potential victims or the parent orguardian of the potential victim if the potential victim is under the age of18.
3. Makes reasonable efforts to notify a law-enforcement official havingjurisdiction in the client's or potential victim's place of residence orplace of work, or place of work of the parent or guardian if the potentialvictim is under age 18, or both.
4. Takes steps reasonably available to the provider to prevent the clientfrom using physical violence or other means of harm to others until theappropriate law-enforcement agency can be summoned and takes custody of theclient.
5. Provides therapy or counseling to the client or patient in the session inwhich the threat has been communicated until the mental health serviceprovider reasonably believes that the client no longer has the intent or theability to carry out the threat.
D. A mental health service provider shall not be held civilly liable to anyperson for:
1. Breaching confidentiality with the limited purpose of protecting thirdparties by communicating the threats described in subsection B made by hisclients to potential third party victims or law-enforcement agencies or bytaking any of the actions specified in subsection C.
2. Failing to predict, in the absence of a threat described in subsection B,that the client would cause the third party serious physical harm.
3. Failing to take precautions other than those enumerated in subsection C toprotect a potential third party victim from the client's violent behavior.
(1994, c. 958; 1997, c. 901; 2005, c. 716; 2010, cc. 778, 825.)
§ 54.1-2400.1. Mental health service providers; duty to protect thirdparties; immunity.
A. As used in this section:
"Certified substance abuse counselor" means a person certified to providesubstance abuse counseling in a state-approved public or private substanceabuse program or facility.
"Client" or "patient" means any person who is voluntarily orinvoluntarily receiving mental health services or substance abuse servicesfrom any mental health service provider.
"Clinical psychologist" means a person who practices clinical psychology asdefined in § 54.1-3600.
"Clinical social worker" means a person who practices social work asdefined in § 54.1-3700.
"Licensed practical nurse" means a person licensed to practice practicalnursing as defined in § 54.1-3000.
"Licensed substance abuse treatment practitioner" means any person licensedto engage in the practice of substance abuse treatment as defined in §54.1-3500.
"Marriage and family therapist" means a person licensed to engage in thepractice of marriage and family therapy as defined in § 54.1-3500.
"Mental health professional" means a person who by education and experienceis professionally qualified and licensed in Virginia to provide counselinginterventions designed to facilitate an individual's achievement of humandevelopment goals and remediate mental, emotional, or behavioral disordersand associated distresses which interfere with mental health and development.
"Mental health service provider" or "provider" refers to any of thefollowing: (i) a person who provides professional services as a certifiedsubstance abuse counselor, clinical psychologist, clinical social worker,licensed substance abuse treatment practitioner, licensed practical nurse,marriage and family therapist, mental health professional, physician,professional counselor, psychologist, registered nurse, school psychologist,or social worker; (ii) a professional corporation, all of whose shareholdersor members are so licensed; or (iii) a partnership, all of whose partners areso licensed.
"Professional counselor" means a person who practices counseling as definedin § 54.1-3500.
"Psychologist" means a person who practices psychology as defined in §54.1-3600.
"Registered nurse" means a person licensed to practice professional nursingas defined in § 54.1-3000.
"School psychologist" means a person who practices school psychology asdefined in § 54.1-3600.
"Social worker" means a person who practices social work as defined in §54.1-3700.
B. A mental health service provider has a duty to take precautions to protectthird parties from violent behavior or other serious harm only when theclient has orally, in writing, or via sign language, communicated to theprovider a specific and immediate threat to cause serious bodily injury ordeath to an identified or readily identifiable person or persons, if theprovider reasonably believes, or should believe according to the standards ofhis profession, that the client has the intent and ability to carry out thatthreat immediately or imminently. If the third party is a child, in additionto taking precautions to protect the child from the behaviors in the abovetypes of threats, the provider also has a duty to take precautions to protectthe child if the client threatens to engage in behaviors that wouldconstitute physical abuse or sexual abuse as defined in § 18.2-67.10. Theduty to protect does not attach unless the threat has been communicated tothe provider by the threatening client while the provider is engaged in hisprofessional duties.
C. The duty set forth in subsection B is discharged by a mental healthservice provider who takes one or more of the following actions:
1. Seeks involuntary admission of the client under Article 16 (§ 16.1-335 etseq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800 et seq.) of Title37.2.
2. Makes reasonable attempts to warn the potential victims or the parent orguardian of the potential victim if the potential victim is under the age of18.
3. Makes reasonable efforts to notify a law-enforcement official havingjurisdiction in the client's or potential victim's place of residence orplace of work, or place of work of the parent or guardian if the potentialvictim is under age 18, or both.
4. Takes steps reasonably available to the provider to prevent the clientfrom using physical violence or other means of harm to others until theappropriate law-enforcement agency can be summoned and takes custody of theclient.
5. Provides therapy or counseling to the client or patient in the session inwhich the threat has been communicated until the mental health serviceprovider reasonably believes that the client no longer has the intent or theability to carry out the threat.
D. A mental health service provider shall not be held civilly liable to anyperson for:
1. Breaching confidentiality with the limited purpose of protecting thirdparties by communicating the threats described in subsection B made by hisclients to potential third party victims or law-enforcement agencies or bytaking any of the actions specified in subsection C.
2. Failing to predict, in the absence of a threat described in subsection B,that the client would cause the third party serious physical harm.
3. Failing to take precautions other than those enumerated in subsection C toprotect a potential third party victim from the client's violent behavior.
(1994, c. 958; 1997, c. 901; 2005, c. 716; 2010, cc. 778, 825.)
§ 54.1-2400.1. Mental health service providers; duty to protect thirdparties; immunity.
A. As used in this section:
"Certified substance abuse counselor" means a person certified to providesubstance abuse counseling in a state-approved public or private substanceabuse program or facility.
"Client" or "patient" means any person who is voluntarily orinvoluntarily receiving mental health services or substance abuse servicesfrom any mental health service provider.
"Clinical psychologist" means a person who practices clinical psychology asdefined in § 54.1-3600.
"Clinical social worker" means a person who practices social work asdefined in § 54.1-3700.
"Licensed practical nurse" means a person licensed to practice practicalnursing as defined in § 54.1-3000.
"Licensed substance abuse treatment practitioner" means any person licensedto engage in the practice of substance abuse treatment as defined in §54.1-3500.
"Marriage and family therapist" means a person licensed to engage in thepractice of marriage and family therapy as defined in § 54.1-3500.
"Mental health professional" means a person who by education and experienceis professionally qualified and licensed in Virginia to provide counselinginterventions designed to facilitate an individual's achievement of humandevelopment goals and remediate mental, emotional, or behavioral disordersand associated distresses which interfere with mental health and development.
"Mental health service provider" or "provider" refers to any of thefollowing: (i) a person who provides professional services as a certifiedsubstance abuse counselor, clinical psychologist, clinical social worker,licensed substance abuse treatment practitioner, licensed practical nurse,marriage and family therapist, mental health professional, physician,professional counselor, psychologist, registered nurse, school psychologist,or social worker; (ii) a professional corporation, all of whose shareholdersor members are so licensed; or (iii) a partnership, all of whose partners areso licensed.
"Professional counselor" means a person who practices counseling as definedin § 54.1-3500.
"Psychologist" means a person who practices psychology as defined in §54.1-3600.
"Registered nurse" means a person licensed to practice professional nursingas defined in § 54.1-3000.
"School psychologist" means a person who practices school psychology asdefined in § 54.1-3600.
"Social worker" means a person who practices social work as defined in §54.1-3700.
B. A mental health service provider has a duty to take precautions to protectthird parties from violent behavior or other serious harm only when theclient has orally, in writing, or via sign language, communicated to theprovider a specific and immediate threat to cause serious bodily injury ordeath to an identified or readily identifiable person or persons, if theprovider reasonably believes, or should believe according to the standards ofhis profession, that the client has the intent and ability to carry out thatthreat immediately or imminently. If the third party is a child, in additionto taking precautions to protect the child from the behaviors in the abovetypes of threats, the provider also has a duty to take precautions to protectthe child if the client threatens to engage in behaviors that wouldconstitute physical abuse or sexual abuse as defined in § 18.2-67.10. Theduty to protect does not attach unless the threat has been communicated tothe provider by the threatening client while the provider is engaged in hisprofessional duties.
C. The duty set forth in subsection B is discharged by a mental healthservice provider who takes one or more of the following actions:
1. Seeks involuntary admission of the client under Article 16 (§ 16.1-335 etseq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800 et seq.) of Title37.2.
2. Makes reasonable attempts to warn the potential victims or the parent orguardian of the potential victim if the potential victim is under the age of18.
3. Makes reasonable efforts to notify a law-enforcement official havingjurisdiction in the client's or potential victim's place of residence orplace of work, or place of work of the parent or guardian if the potentialvictim is under age 18, or both.
4. Takes steps reasonably available to the provider to prevent the clientfrom using physical violence or other means of harm to others until theappropriate law-enforcement agency can be summoned and takes custody of theclient.
5. Provides therapy or counseling to the client or patient in the session inwhich the threat has been communicated until the mental health serviceprovider reasonably believes that the client no longer has the intent or theability to carry out the threat.
D. A mental health service provider shall not be held civilly liable to anyperson for:
1. Breaching confidentiality with the limited purpose of protecting thirdparties by communicating the threats described in subsection B made by hisclients to potential third party victims or law-enforcement agencies or bytaking any of the actions specified in subsection C.
2. Failing to predict, in the absence of a threat described in subsection B,that the client would cause the third party serious physical harm.
3. Failing to take precautions other than those enumerated in subsection C toprotect a potential third party victim from the client's violent behavior.
(1994, c. 958; 1997, c. 901; 2005, c. 716; 2010, cc. 778, 825.)
