Current through Chapter 381 of the 2024 Legislative Session
Section 330-C:25 - Duty to Warn of Violent Acts of Client; Civil LiabilityI. Any person licensed or certified under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to such person a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.II. The duty may be discharged by, and no monetary liability or cause of action shall arise against, any person licensed or certified under this chapter if the person makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client's or potential victim's residence, or obtains civil commitment of the client to the state mental health system.III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person licensed or certified under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II. 2008, 189:1, eff. July 1, 2008.