Tenn. Code § 33-3-206

Current through Acts 2023-2024, ch. 1069

Section 33-3-206 - Duty to predict, warn or take precautions to provide protection - Liability

(a) IF AND ONLY IF:

(1) A service recipient has communicated to a qualified mental health professional or behavior analyst an:

(A) Intent for actual threat of bodily harm against a clearly identified victim, OR

(B) Intent for actual threat of bodily harm against a group of people, including, but not limited to, students at a day care or school, people at a place of worship, and members of the service recipient's family, AND

(2) The qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's or analyst's specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so,

THEN

(3) The professional or analyst shall:

(A) Take reasonable care to warn of or take precautions to protect the identified victim or group of people from the service recipient's violent behavior, AND

(B) Report the threat to:

(i) The local law enforcement agency with jurisdiction over the municipality or county of residence of the service recipient, OR

(ii) IF the threat is general and not imminent or clearly identified, 988 or local crisis response service.

(b) A qualified mental health professional or behavior analyst who acts or makes a reasonable attempt to act in accordance with subsection (a) is not liable for damages in a civil action, subject to prosecution in a criminal proceeding, or subject to disciplinary action by a regulatory board for such act or reasonable attempt to act.

(c) Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section.

T.C.A. § 33-3-206

Amended by 2024 Tenn. Acts, ch. 783,s 1, eff. 4/23/2024.

Acts 1989, ch. 549, § 1; T.C.A., § 33-10-302(a); Acts 2000, ch. 947, § 1; 2001, ch. 334, § 3; 2002, ch. 730, § 17.