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CA SB1134

Bill

Status

Passed

7/17/2012

Primary Sponsor

Leland Yee

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • 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.

  • 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.

  • Psychotherapists fulfill their duty to protect by making reasonable efforts to communicate the threat to the victim(s) and to a law enforcement agency.

  • Legislature declares this is a name change only and not a substantive change to existing law or psychotherapist duties.

  • 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

Committee Referrals

Judiciary3/1/2012
Rules2/21/2012

Full Bill Text

No bill text available