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CA SB1134
Bill
AI Summary
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Removes the term "duty to warn" from Civil Code Section 43.92, replacing it with "duty to protect" for psychotherapists regarding patients' threatened violent behavior.
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Psychotherapists have no monetary liability or cause of action for failing to protect from a patient's violent behavior unless the patient has communicated a serious threat of physical violence against a reasonably identifiable victim.
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Psychotherapists fulfill their duty to protect by making reasonable efforts to communicate the threat to the victim(s) and to a law enforcement agency.
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Legislature declares this is a name change only and not a substantive change to existing law or psychotherapist duties.
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Directs courts to interpret the amended section consistently with how it was interpreted prior to January 1, 2013.
Legislative Description
Persons of unsound mind: psychotherapist duty to protect.
Last Action
Chaptered by Secretary of State. Chapter 149, Statutes of 2012.
7/17/2012