78B-3-502 - Limitation of therapist's duty to warn.
78B-3-502. Limitation of therapist's duty to warn.
(1) A therapist has no duty to warn or take precautions to provide protection from anyviolent behavior of his client or patient, except when that client or patient communicated to thetherapist an actual threat of physical violence against a clearly identified or reasonablyidentifiable victim. That duty shall be discharged if the therapist makes reasonable efforts tocommunicate the threat to the victim, and notifies a law enforcement officer or agency of thethreat.
(2) An action may not be brought against a therapist for breach of trust or privilege, orfor disclosure of confidential information, based on a therapist's communication of informationto a third party in an effort to discharge his duty in accordance with Subsection (1).
(3) This section does not limit or effect a therapist's duty to report child abuse or neglectin accordance with Section 62A-4a-403.
Amended by Chapter 146, 2009 General Session