WILLIAM DONALD SCHAEFER, Governor Ch. 634

DEFINED IN § 10-101 OF THE HEALTH - GENERAL ARTICLE FOR FAILING

TO PREDICT, WARN OF, OR TAKE PRECAUTIONS TO PROVIDE PROTECTION
FROM A PATIENT'S VIOLENT BEHAVIOR UNLESS THE PATIENT, WHOM THE
MENTAL HEALTH CARE PROVIDER BELIEVES HAS A CAPACITY AND INTENTION
TO PROCEED, INFORMS MENTAL HEALTH CARE PROVIDER OR ADMINISTRATOR
KNEW OF THE PATIENT'S PROPENSITY FOR VIOLENCE AND THE PATIENT
INDICATED TO THE MENTAL HEALTH CARE PROVIDER OR ADMINISTRATOR, BY
SPEECH, CONDUCT, OR WRITING, OF A REAL AND SPECIFIC THE
PATIENT'S INTENTION TO INFLICT IMMINENT PHYSICAL INJURY UPON A
SPECIFIED VICTIM OR GROUP OF VICTIMS.

(B) (C) (1) THE DUTY TO TAKE THE ACTIONS UNDER PARAGRAPH
(2) OF THIS SUBSECTION ARISES ONLY UNDER THE LIMITED
CIRCUMSTANCES DESCRIBED UNDER SUBSECTION (A) (B) OF THIS SECTION.

(2) THE DUTY DESCRIBED UNDER THIS SECTION IS DEEMED
TO HAVE BEEN DISCHARGED IF THE MENTAL HEALTH CARE PROVIDER
LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE OR ADMINISTRATOR
MAKES REASONABLE AND TIMELY EFFORTS TO:

(I)  SEEK CIVIL COMMITMENT OF THE PATIENT;

(II)  FORMULATE A DIAGNOSTIC IMPRESSION AND
ESTABLISH AND UNDERTAKE A DOCUMENTED TREATMENT PLAN CALCULATED TO
ELIMINATE THE POSSIBILITY THAT THE PATIENT WILL CARRY OUT THE
THREAT; OR

(III)  INFORM THE APPROPRIATE LAW ENFORCEMENT
AGENCY OR AND, IF FEASIBLE, THE SPECIFIED VICTIM OR VICTIMS OF:

1.  THE NATURE OF THE THREAT;

2.  THE IDENTITY OF THE PATIENT MAKING THE
THREAT; AND

3.  THE IDENTITY OF THE SPECIFIED VICTIM
OR VICTIMS.

(C) (D) NO CAUSE OF ACTION OR DISCIPLINARY ACTION MAY ARISE
UNDER ANY PATIENT CONFIDENTIALITY ACT AGAINST A MENTAL HEALTH
CARE PROVIDER LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE OR
ADMINISTRATOR FOR CONFIDENCES DISCLOSED OR NOT DISCLOSED IN GOOD
FAITH TO THIRD PARTIES IN AN EFFORT TO DISCHARGE A DUTY ARISING
UNDER THIS SECTION ACCORDING TO THE PROVISIONS OF SUBSECTION (B)
(C) OF THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

be construed only prospectively and may not be applied or

interpreted to have any effect upon or application to any cause

of action arising prior to the effective date of this Act.

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