CHAPTER 16. HEALTH CARE: PRIVILEGED COMMUNICATIONS OF MENTAL HEALTH SERVICE PROVIDERS
IC 34-30-16
Chapter 16. Health Care: Privileged Communications of MentalHealth Service Providers
IC 34-30-16-1
Immunity from civil liability; violent behavior of patient
Sec. 1. A mental health service provider is immune from civilliability to persons other than the patient for failing to:
(1) predict; or
(2) warn or take precautions to protect from;
a patient's violent behavior unless the patient has communicated tothe provider of mental health services an actual threat of physicalviolence or other means of harm against a reasonably identifiablevictim or victims, or evidences conduct or makes statementsindicating an imminent danger that the patient will use physicalviolence or use other means to cause serious personal injury or deathto others.
As added by P.L.1-1998, SEC.26.
IC 34-30-16-2
Duty to warn or to take reasonable precautions; discharge
Sec. 2. The duty to warn of or to take reasonable precautions toprovide protection from violent behavior or other serious harm arisesonly under the limited circumstances specified in section 1 of thischapter. The duty is discharged by a mental health service providerwho takes one (1) or more of the following actions:
(1) Makes reasonable attempts to communicate the threat to thevictim or victims.
(2) Makes reasonable efforts to notify a police department orother law enforcement agency having jurisdiction in thepatient's or victim's place of residence.
(3) Seeks civil commitment of the patient under IC 12-26.
(4) Takes steps reasonably available to the provider to preventthe patient from using physical violence or other means of harmto others until the appropriate law enforcement agency can besummoned and takes custody of the patient.
(5) Reports the threat of physical violence or other means ofharm, within a reasonable period of time after receivingknowledge of the threat, to a physician or psychologist who isdesignated by the employer of a mental health service provideras an individual who has the responsibility to warn under thischapter.
As added by P.L.1-1998, SEC.26.
IC 34-30-16-3
Patient privacy and confidentiality; immunity from liability
Sec. 3. A mental health service provider who disclosesinformation that must be disclosed to comply with sections 1 through2 of this chapter is immune from civil and criminal liability underIndiana statutes that protect patient privacy and confidentiality.As added by P.L.1-1998, SEC.26.