Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 36B (2026)

Duty to warn patient's potential victims; cause of action

✓ current as of July 2026

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Section 36B. (1) There shall be no duty owed by a licensed mental health professional to take reasonable precautions to warn or in any other way protect a potential victim or victims of said professional's patient, and no cause of action imposed against a licensed mental health professional for failure to warn or in any other way protect a potential victim or victims of such professional's patient unless: (a) the patient has communicated to the licensed mental health professional an explicit threat to kill or inflict serious bodily injury upon a reasonably identified victim or victims and the patient has the apparent intent and ability to carry out the threat, and the licensed mental health professional fails to take reasonable precautions as that term is defined in section one; or (b) the patient has a history of physical violence which is known to the licensed mental health professional and the licensed mental health professional has a reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury against a reasonably identified victim or victims and the licensed mental health professional fails to take reasonable precautions as that term is defined by said section one. Nothing in this paragraph shall be construed to require a mental health professional to take any action which, in the exercise of reasonable professional judgment, would endanger such mental health professional or increase the danger to potential victim or victims.

(2) Whenever a licensed mental health professional takes reasonable precautions, as that term is defined in section one of chapter one hundred and twenty-three, no cause of action by the patient shall lie against the licensed mental health professional for disclosure of otherwise confidential communications.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1997–2022 · leading case: Williams v. Steward Health Care Sys., LLC, 103 N.E.3d 1192 (Mass. 2018).

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Williams v. Steward Health Care Sys., LLC, 103 N.E.3d 1192 (Mass. 2018). · cites it 9× “" Following oral argument and supplemental briefing, a Superior Court judge granted the defendants' motion for summary judgment.”

Shea v. Caritas Carney Hosp., Inc., 947 N.E.2d 99 (Mass. App. Ct. 2011). · cites it 12× “3 Shea further contends that G. L. c. 123, § 36B, does not abrogate the defendants’ common-law duty to Sheehan to control Potter’s conduct.”

Magee v. United States, 121 F.3d 1 (1st Cir. 1997). · cites it 2× “The district court analyzed Magee’s complaint in negligence terms, holding that Mass. Gen. Laws ch. 123, § 36B precluded some of Magee’s claims and that he failed to establish the elements of common law negligence on his remaining claims.”

Commonwealth v. J.G., 182 N.E.3d 1020 (Mass. App. Ct. 2022). “530, 535, 538 (2011) (statutory duty to warn where patient poses danger of inflicting "serious bodily injury," G. L. c. 123, § 36B [1] [b], was inapplicable absent evidence of danger that patient would inflict "serious bodily harm").”

Medina v. Pillemer ex rel. Est. of Riskind, 20 Mass. L. Rptr. 352 (Mass. Super. Ct. 2005). “” G.L.c. 123, §36B. Fourth, in certain circumstances, public employees have a special relationship with the general public and therefore owe a duty to them when the foreseeable threat posed by inaction is potentially “calamitous,” and statutes or ordinances reflect a legislative…”

Commonwealth v. Padraic P., 102 N.E.3d 1031 (Mass. App. Ct. 2018). “112, § 135A ; G. L. c. 123, § 36B(1) ; G. L. c. 233, § 23F ; G.”

Walden Behavioral Care v. K. I., 2014 Mass. App. Div. 1 (Mass. Dist. Ct., App. Div. 2014). “In that case, G.L.c. 123, §36B protects the psychotherapist from liability as long as he takes “reasonable precautions,” which include instituting proceedings for involuntary hospitalization.”

— Mass. Gen. Laws ch. 123, § 36B(1) — 2 cases

Shea v. Caritas Carney Hosp., Inc., 947 N.E.2d 99 (Mass. App. Ct. 2011). “3 Shea further contends that G. L. c. 123, § 36B, does not abrogate the defendants’ common-law duty to Sheehan to control Potter’s conduct.”

Commonwealth v. Padraic P., 102 N.E.3d 1031 (Mass. App. Ct. 2018). “112, § 135A ; G. L. c. 123, § 36B(1) ; G. L. c. 233, § 23F ; G.”

— Mass. Gen. Laws ch. 123, § 36B(1)(6) — 1 case

Shea v. Caritas Carney Hosp., Inc., 947 N.E.2d 99 (Mass. App. Ct. 2011). “3 Shea further contends that G. L. c. 123, § 36B, does not abrogate the defendants’ common-law duty to Sheehan to control Potter’s conduct.”

— Mass. Gen. Laws ch. 123, § 36B(l)(a) — 1 case

Shea v. Caritas Carney Hosp., Inc., 947 N.E.2d 99 (Mass. App. Ct. 2011). “3 Shea further contends that G. L. c. 123, § 36B, does not abrogate the defendants’ common-law duty to Sheehan to control Potter’s conduct.”

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