SB 1321 Summary

• Amends liability standards for mental health providers by requiring both an explicit threat of imminent serious physical harm to a clearly identified victim AND provider failure to take reasonable precautions before liability can be imposed.

• Discharges the duty to take reasonable precautions through communicating threats to identifiable victims, notifying law enforcement, initiating hospitalization proceedings, or taking other prudent precautions.

• Provides immunity from liability for mental health providers who disclose confidential patient communications when the patient has explicitly threatened serious harm or the provider reasonably concludes the patient is likely to cause harm.

• Establishes gross negligence as the applicable standard of care in actions against mental health providers for patient-caused harm, and prohibits punitive damages against providers for acts committed by their patients.

• Clarifies that the statute does not limit other existing statutory immunities for mental health providers or treatment agencies under law.