threat of violence.
(1) No monetary liability and no cause of action shall arise against any mental health
professional for failing to predict, warn of or take precautions to provide protection
from a patient's violent behavior, unless the patient has communicated to the mental
health professional an actual threat of physical violence against a clearly identified
or reasonably identifiable victim, or unless the patient has communicated to the
mental health professional an actual threat of some specific violent act.
(2) The duty to warn of or to take reasonable precautions to provide protection from
violent behavior arises only under the limited circumstances specified in subsection
(1) of this section. The duty to warn a clearly or reasonably identifiable victim shall
be discharged by the mental health professional if reasonable efforts are made to
communicate the threat to the victim, and to notify the police department closest to
the patient's and the victim's residence of the threat of violence. When the patient
has communicated to the mental health professional an actual threat of some
specific violent act and no particular victim is identifiable, the duty to warn has
been discharged if reasonable efforts are made to communicate the threat to law
enforcement authorities. The duty to take reasonable precaution to provide
protection from violent behavior shall be satisfied if reasonable efforts are made to
seek civil commitment of the patient under this chapter.
(3) No monetary liability and no cause of action shall arise against any mental health
professional for confidences disclosed to third parties in an effort to discharge a
duty arising under subsection (1) of this section according to the provisions of
subsection (2) of this section.
(4) For purposes of this section:
(a) "Mental health professional" means:
1. A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States
while engaged in conducting mental health services;
2. A psychiatrist licensed under the laws of Kentucky to practice medicine
or osteopathy, or a medical officer of the government of the United
States engaged in conducting mental health services;
3. A psychologist, a psychological practitioner, a certified psychologist, or
a psychological associate, licensed under the provisions of KRS Chapter
319;
4. A registered nurse licensed under the provisions of KRS Chapter 314
engaged in providing mental health services;
5. A licensed clinical social worker licensed under the provisions of KRS
335.100, or a certified social worker licensed under the provisions of
KRS 335.080 engaged in providing mental health services;
6. A marriage and family therapist licensed under the provisions of KRS
335.300 to 335.399 engaged in providing mental health services;
7. A professional counselor credentialed under the provisions of KRS
Chapter 335.500 to 335.599 engaged in providing mental health
services;
8. An art therapist certified under KRS 309.130 engaged in providing
mental health services; or
9. A pastoral counselor licensed under the provisions of KRS 335.600 to
335.699 engaged in providing mental health services; and
(b) "Patient" has the same meaning as in KRS 202A.011, except that it also
includes a person currently under the outpatient care or treatment of a mental
health professional.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 61, sec. 1, effective June 24, 2015. -- Amended
2014 Ky. Acts ch. 64, sec. 1, effective July 15, 2014. -- Amended 2002 Ky. Acts ch.
99, sec. 3, effective March 28, 2002. -- Created 1986 Ky. Acts ch. 348, sec. 1,
effective July 15, 1986.
Notes of Decisions
Cited in
6
cases, 1988–2015 · leading case:
DeVasier v. James, 278 S.W.3d 625 (Ky. 2009).
DeVasier v. James, 278 S.W.3d 625 (Ky. 2009).
· cites it 15× “It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400. 1 Appellee, Dr. William James, is a psychiatrist who treated Cissell.”
David Wilburn, Jr. v. United States, 616 F. App'x 848 (6th Cir. 2015).
· cites it 6× “Accordingly, we conclude that the plaintiffs have not sufficiently demonstrated that the Army had any duty to Tracy independent of the requirements of Restatement § 323 or the obligations of a mental health professional duty expressed in KRS § 202A.400. D. The Intentional Tort…”
Evans v. Morehead Clinic, 749 S.W.2d 696 (Ky. Ct. App. 1988).
· cites it 8× “We are not persuaded that KRS 202A.400 has any applicability in this case.”
Bradley Ex Rel. Pope v. Ray, 904 S.W.2d 302 (Mo. Ct. App. 1995).
“4-4 (1994); Ky.Rev.Stat.Ann. §§ 202A.400, 645.270 (Michie/Bobbs-Merrill 1994); La.”
Wilburn v. United States, 22 F. Supp. 3d 691 (W.D. Ky. 2014).
· cites it 13× “We also reject Plaintiffs’ arguments that the United States had either a common law duty or statutory duty pursuant to KRS § 202A.400 5 to warn and protect Tracy from Burke’s threats of violence.”
Tommy Perdue v. Commonwealth of Kentucky (Ky. 2009).
· cites it 9× “It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400 . 1 Appellee, Dr . William James, is a psychiatrist who treated Cissell .”
— Ky. Rev. Stat. § 202A.400(1) — 5 cases
David Wilburn, Jr. v. United States, 616 F. App'x 848 (6th Cir. 2015).
“Accordingly, we conclude that the plaintiffs have not sufficiently demonstrated that the Army had any duty to Tracy independent of the requirements of Restatement § 323 or the obligations of a mental health professional duty expressed in KRS § 202A.400. D. The Intentional Tort…”
Evans v. Morehead Clinic, 749 S.W.2d 696 (Ky. Ct. App. 1988).
“We are not persuaded that KRS 202A.400 has any applicability in this case.”
DeVasier v. James, 278 S.W.3d 625 (Ky. 2009).
“It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400. 1 Appellee, Dr. William James, is a psychiatrist who treated Cissell.”
Wilburn v. United States, 22 F. Supp. 3d 691 (W.D. Ky. 2014).
“We also reject Plaintiffs’ arguments that the United States had either a common law duty or statutory duty pursuant to KRS § 202A.400 5 to warn and protect Tracy from Burke’s threats of violence.”
Tommy Perdue v. Commonwealth of Kentucky (Ky. 2009).
“It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400 . 1 Appellee, Dr . William James, is a psychiatrist who treated Cissell .”
— Ky. Rev. Stat. § 202A.400(2) — 1 case
DeVasier v. James, 278 S.W.3d 625 (Ky. 2009).
“It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400. 1 Appellee, Dr. William James, is a psychiatrist who treated Cissell.”
— Ky. Rev. Stat. § 202A.400(4) — 3 cases
DeVasier v. James, 278 S.W.3d 625 (Ky. 2009).
“It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400. 1 Appellee, Dr. William James, is a psychiatrist who treated Cissell.”
Wilburn v. United States, 22 F. Supp. 3d 691 (W.D. Ky. 2014).
“We also reject Plaintiffs’ arguments that the United States had either a common law duty or statutory duty pursuant to KRS § 202A.400 5 to warn and protect Tracy from Burke’s threats of violence.”
Tommy Perdue v. Commonwealth of Kentucky (Ky. 2009).
“It is the first instance in which this Court has been called upon to interpret the language of KRS 202A.400 . 1 Appellee, Dr . William James, is a psychiatrist who treated Cissell .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.