§ 34-30-16-2 Duty to warn or to take reasonable precautions; discharge

Codes > Indiana Code > Title 34 > Article 30 : Chapter 16 > 34-30-16-2 Duty

34-30-16-2 Duty to warn or to take reasonable precautions; discharge

    Sec. 2. The duty to warn of or to take reasonable precautions to provide protection from violent behavior or other serious harm arises only under the limited circumstances specified in section 1 of this chapter. The duty is discharged by a mental health service provider who takes one (1) or more of the following actions:

    (1) Makes reasonable attempts to communicate the threat to the victim or victims.

    (2) Makes reasonable efforts to notify a police department or other law enforcement agency having jurisdiction in the patient's or victim's place of residence.

    (3) Seeks civil commitment of the patient under IC 12-26.

    (4) Takes steps reasonably available to the provider to prevent the patient from using physical violence or other means of harm to others until the appropriate law enforcement agency can be summoned and takes custody of the patient.

    (5) Reports the threat of physical violence or other means of harm, within a reasonable period of time after receiving knowledge of the threat, to a physician or psychologist who is designated by the employer of a mental health service provider as an individual who has the responsibility to warn under this chapter.