Creates a duty to warn on certain professionals and treating institutions and limits liability for disclosure when a patient's referral to a coroner for a mental status examination. (8/1/20)
The bill limits the liability of professionals who disclose such threats, protecting them from breaches of confidentiality claims when acting in compliance with this new duty. By instituting these measures, SB 454 is poised to instill a higher standard of vigilance within mental health care settings. It attempts to balance patient confidentiality with the need for safety, particularly for coroners who may interact with individuals posing threats. The expected date for the enactment of the bill is August 1, 2020, which places it into immediate effect in case of passage.
Senate Bill 454, introduced by Senator Henry, focuses on establishing a duty to warn certain professionals and treating institutions about threats of violence made by patients. The legislation mandates that when a patient exhibits aggressive or violent behavior or communicates threats, professionals such as psychologists, psychiatrists, and nurses are required to document these threats in the patient's medical record and notify a coroner or their representative prior to conducting a mental status examination. This duty aims to enhance safety by ensuring that those assessing a patient are aware of potential risks posed by the individual.
Discussions surrounding SB 454 have been largely supportive, particularly within mental health and public safety circles. Advocates believe it enhances safety protocols for handling patients who may pose a risk of violence, thereby protecting not only coroner personnel but the broader community. However, there may be voices expressing concern over potential impacts on patient confidentiality and the implications of mandatory reporting on the patient-treatment relationship.
While the overarching goal of the bill is to enhance safety, opposition could arise regarding the threshold of what constitutes a credible threat and the implications for mental health professionals who may hesitate to disclose information due to fear of inadvertently breaching patient confidentiality. The failure to warn in a timely manner, as stipulated in the bill, is specified as gross negligence, raising concerns about the potential legal repercussions for medical professionals and the subjective nature of assessing threats.