VETOES

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.----------------------------------------------

(2) "MENTAL HEALTH CARE PROVIDER" MEANS A MENTAL
HEALTH CARE PROVIDER LICENSEE UNDER THE HEALTH OCCUPATIONS
ARTICLE.-----------------------------------------------------------

(3) "ADMINISTRATOR" MEANS AN ADMINISTRATOR OF A
FACILITY AS DEFINED IN § 10-101 OF THE HEALTH - GENERAL ARTICLE.

(A) (B) A CAUSE OF ACTION OR DISCIPLINARY ACTION MAY NOT
ARISE AGAINST ANY MENTAL HEALTH CARE PROVIDER LICENSED UNDER THE
HEALTH OCCUPATIONS ARTICLE OR ADMINISTRATOR 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 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 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)  ESTABLISH AND UNDERTAKE A DOCUMENTED
TREATMENT PLAN CALCULATED TO ELIMINATE THE POSSIBILITY THAT THE
PATIENT WILL CARRY OUT THE THREAT; OR AND 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 IN GOOD FAITH TO THIRD

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