Nebraska Revised Statutes

Neb. Rev. Stat. § 38-3132 (2026)

Duty to warn; limitation; immunity

✓ current as of July 2026

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(1) No monetary liability and no cause of action shall arise against any psychologist for failing to warn of and protect from a client's or patient's threatened violent behavior or failing to predict and warn of and protect from a client's or patient's violent behavior except when the client or patient has communicated to the psychologist a serious threat of physical violence against 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 psychologist 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 against any person who is a psychologist for a confidence disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section in accordance with subsection (2) of this section.

Notes of Decisions

Cited in 3 cases, 2011–2017 · leading case: Holloway v. State, 875 N.W.2d 435 (Neb. 2016).

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Holloway v. State, 875 N.W.2d 435 (Neb. 2016). “” And Holloway did not allege that Jenkins ever communicated a serious threat of physical violence against her.”

Rodriguez v. Catholic Health Initiatives, 297 Neb. 1 (Neb. 2017). · cites it 3× “A section in the Psychology Practice Act, § 38-3132(1), is substantially similar to § 38-2127(1) of the Mental Health Practice Act.”

Shea v. Caritas Carney Hosp., Inc., 947 N.E.2d 99 (Mass. App. Ct. 2011). “1946 (1) (1999); Neb. Rev. Stat. Ann. § 38-3132 (LexisNexis 2008).”

— Neb. Rev. Stat. § 38-3132(1) — 2 cases

Holloway v. State, 875 N.W.2d 435 (Neb. 2016). “” And Holloway did not allege that Jenkins ever communicated a serious threat of physical violence against her.”

Rodriguez v. Catholic Health Initiatives, 297 Neb. 1 (Neb. 2017). “A section in the Psychology Practice Act, § 38-3132(1), is substantially similar to § 38-2127(1) of the Mental Health Practice Act.”

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