Bill Text: NJ S2614 | 2016-2017 | Regular Session | Introduced
Bill Title: Expands the types of acts for which certain practitioners incur duty to warn.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-09-29 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2614 Detail]
Download: New_Jersey-2016-S2614-Introduced.html
Sponsored by:
Senator JENNIFER BECK
District 11 (Monmouth)
SYNOPSIS
Expands the types of acts for which certain practitioners incur duty to warn.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the duty to warn for certain practitioners and amending P.L.1991, c.270.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.270 (C.2A:62A-16) is amended to read as follows:
1. a. Any person who is licensed in the State of New Jersey to practice psychology, psychiatry, medicine, nursing, clinical social work, or marriage counseling, whether or not compensation is received or expected, is immune from any civil liability for a patient's violent act against another person or against himself unless the practitioner has incurred a duty to warn and protect the potential victim as set forth in subsection b. of this section and fails to discharge that duty as set forth in subsection c. of this section.
b. A duty to warn and protect is incurred when the following conditions exist:
(1) The patient has communicated to that practitioner a threat of imminent, serious physical violence against a readily identifiable individual or against himself and the circumstances are such that a reasonable professional in the practitioner's area of expertise would believe the patient intended to carry out the threat; [or]
(2) The circumstances are such that a reasonable professional in the practitioner's area of expertise would believe the patient intended to carry out an act of imminent, serious physical violence against a readily identifiable individual or against himself; or
(3) The patient has communicated to that practitioner an actual threat of some specific violent act and the circumstances are such that a reasonable professional in the practitioner's area of expertise would believe the patient intended to carry out the threat.
c. A licensed practitioner of psychology, psychiatry, medicine, nursing, clinical social work, or marriage counseling shall discharge the duty to warn and protect as set forth in subsection b. of this section by doing any one or more of the following:
(1) Arranging for the patient to be admitted voluntarily to a psychiatric unit of a general hospital, a short-term care facility, a special psychiatric hospital, or a psychiatric facility, under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.);
(2) Initiating procedures for involuntary commitment to treatment of the patient to an outpatient treatment provider, a short-term care facility, a special psychiatric hospital, or a psychiatric facility, under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.);
(3) Advising a local law enforcement authority of the patient's threat and the identity of the intended victim;
(4) Warning the intended victim of the threat, or, in the case of an intended victim who is under the age of 18, warning the parent or guardian of the intended victim;[or]
(5) If the patient is under the age of 18 and threatens to commit suicide or bodily injury upon himself, warning the parent or guardian of the patient; or
(6) Advising a local, State, or federal law enforcement authority of the patient's actual threat and the details of the specific violent act.
d. A practitioner who is licensed in the State of New Jersey to practice psychology, psychiatry, medicine, nursing, clinical social work, or marriage counseling who, in complying with subsection c. of this section, discloses a privileged communication, is immune from civil liability in regard to that disclosure.
(cf: P.L.2009, c.112, s.21)
2. This act shall take effect immediately.
STATEMENT
This bill expands the types of acts for which the duty to warn is incurred by certain practitioners to include when a patient has communicated to a practitioner an actual threat of some specific violent act. The bill further provides that the practitioner can discharge the duty to warn by advising a local, State, or federal law enforcement authority of the patient's threat and the details of the specific violent act.
