(1) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is licensed or certified pursuant to the Mental Health Practice Act or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact for failing to warn of and protect from a patient's threatened violent behavior or failing to predict and warn of and protect from a patient's violent behavior except when the patient has communicated to the mental health practitioner a serious threat of physical violence against himself, herself, or a reasonably identifiable victim or victims.
(2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in subsection (1) of this section. The duty shall be discharged by the mental health practitioner if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency.
(3) No monetary liability and no cause of action shall arise under section 38-2136 against a licensee or certificate or privilege holder for information 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.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2016–2021 · leading case:
Holloway v. State, 875 N.W.2d 435 (Neb. 2016).
Holloway v. State, 875 N.W.2d 435 (Neb. 2016).
· cites it 2× “44 See §§ 38-2137(1) and 38-3132(1). - 29 - Nebraska A dvance Sheets 293 Nebraska R eports HOLLOWAY v.”
Rodriguez v. Catholic Health Initiatives, 297 Neb. 1 (Neb. 2017).
· cites it 7× “Under Neb. Rev. Stat. § 38-2137 (2) (Reissue 2016), the duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in § 38-2137(1), and shall be discharged by the mental health…”
Rodriguez v. Lasting Hope Recovery Ctr., 308 Neb. 538 (Neb. 2021).
· cites it 5× “37 For example, if the identity of a patient’s potential victim is known, reasonable care might require the therapist to, at least, warn the victim; but if no victim is reasonably identifiable, reasonable care might require the therapist to take other protec- tive precautions,…”
— Neb. Rev. Stat. § 38-2137(1) — 3 cases
Holloway v. State, 875 N.W.2d 435 (Neb. 2016).
“44 See §§ 38-2137(1) and 38-3132(1). - 29 - Nebraska A dvance Sheets 293 Nebraska R eports HOLLOWAY v.”
Rodriguez v. Lasting Hope Recovery Ctr., 308 Neb. 538 (Neb. 2021).
“37 For example, if the identity of a patient’s potential victim is known, reasonable care might require the therapist to, at least, warn the victim; but if no victim is reasonably identifiable, reasonable care might require the therapist to take other protec- tive precautions,…”
Rodriguez v. Catholic Health Initiatives, 297 Neb. 1 (Neb. 2017).
“Under Neb. Rev. Stat. § 38-2137 (2) (Reissue 2016), the duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in § 38-2137(1), and shall be discharged by the mental health…”
— Neb. Rev. Stat. § 38-2137(2) — 1 case
Rodriguez v. Catholic Health Initiatives, 297 Neb. 1 (Neb. 2017).
“Under Neb. Rev. Stat. § 38-2137 (2) (Reissue 2016), the duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in § 38-2137(1), and shall be discharged by the mental health…”
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.