Pennsylvania 2023-2024 Regular Session

Pennsylvania Senate Bill SB276

Introduced
1/31/23  

Caption

In general provisions, providing for duty to warn.

Impact

The passage of SB276 would effectuate a significant change in state law regarding mental health protocols. By formally establishing this duty to warn, the bill empowers qualified professionals to take proactive measures in potentially life-threatening situations. This legislation is likely to lead to more direct communication between mental health practitioners and law enforcement, potentially improving response times to threats. Moreover, it obligates professionals to utilize the Safe2Say Program for reporting threats in educational settings, which serves as a structured mechanism for ensuring that reported threats are appropriately managed.

Summary

Senate Bill 276 (SB276) amends the Mental Health Procedures Act to establish a 'duty to warn' for qualified professionals. This legislative adjustment mandates that these professionals must inform potential victims and law enforcement if they receive specific, immediate threats of serious bodily injury from a patient. Such provisions are particularly aimed at situations involving threats to individuals attending educational institutions, thus introducing an additional layer of safety in school settings. The bill is a response to growing concerns about violence and mental health in these environments.

Sentiment

The sentiment surrounding SB276 is multifaceted and somewhat polarizing. Proponents argue that the bill is a necessary step in protecting public safety, particularly in schools where threats can escalate quickly. They underscore the importance of giving mental health professionals the tools and responsibilities needed to prevent harm. Critics, however, express concerns about the implications for confidentiality and the potential for miscommunication or overreach, where the duty to warn may lead to unnecessary alarms or stigmatization of individuals seeking mental health treatment.

Contention

One of the notable points of contention regarding SB276 includes the balance between public safety and patient confidentiality. Opponents worry that this duty may create an environment where individuals with mental health concerns are less likely to seek help for fear of being reported. Additionally, legal questions about civil and criminal liability for professionals acting on the duty to warn raise concerns about how the law will be implemented in practice. The bill includes provisions to protect professionals from legal ramifications when acting in good faith, yet the potential for misinterpretation or misuse remains a pivotal debate among stakeholders.

Companion Bills

No companion bills found.

Previously Filed As

PA SB693

In general provisions, providing for duty to warn.

PA SB930

In student supports, further providing for definitions; in school safety and security, further providing for definitions, for School Safety and Security Committee, for school safety and security assessment providers, for School Safety and Security Grant Program, for school safety and security coordinator, for school safety and security training and for reporting and memorandum of understanding; in school security, further providing for training, for school resource officers, for school security guards and for duties of commission; in Safe2Say Program, further providing for intent, for definitions, for Safe2Say Program and for annual report; in threat assessment, further providing for definitions, for threat assessment teams and for threat assessment guidelines, training and information materials; and making editorial changes.

PA HB1779

In safe schools, further providing for definitions, for reporting, for policy relating to bullying and for maintenance of records; and, in Safe2Say Program, further providing for intent, for definitions and for Safe2Say Program and providing for reporting and remediating bullying.

PA HB27

In preliminary provisions, further providing for Basic Education Funding Commission and for special provisions applicable to limited school years, establishing the Child Reunification Program in the Department of Education and providing for minimum number of days or hours, for public job posting database, for instructional vacancy data and for data transparency; in duties and powers of boards of school directors, further providing for additional schools and departments; in school finances, providing for school district budget timeline for 2024 and for procedure for securing approval of electors; in grounds and buildings, further providing for limitation on new applications for Department of Education approval of public school building projects; in school directors' associations and county boards of school directors, further providing for powers and duties; in intermediate units, further providing for visual services and for school safety and security enhancements; in professional employees, repealing provisions relating to religious garb, insignia, etc., prohibited and penalty; in certification of teachers, further providing for substitute teaching permit for prospective teachers, for locally issued temporary certification for substitute teachers and for permit for classroom monitors; providing for Educator Pipeline Support Grant Program; in pupils and attendance, further providing for compulsory education of physical defectives, for dependent children, for cost of tuition and maintenance of certain exceptional children in approved institutions, for payment of cost of tuition and maintenance of certain exceptional children, for transfer of funds for transferal programs and for children under six with defective hearing and parent or guardian advised of schools, etc.; in safe schools, further providing for definitions and for Office for Safe Schools, repealing provisions relating to regulations and to reporting, further providing for policy relating to bullying and for maintenance of records, repealing provisions relating to safe schools advocate in school districts of the first class, to standing, to enforcement and to construction of article and other laws; in school safety and security, further providing for definitions and for School Safety and Security Committee, providing for duties of committee, further providing for School Safety and Security Grant Program, providing for Targeted School Safety Grants for Nonpublic Schools and School Entities Program, for standardized protocols, for county safe schools' collaborative and for school mental health grants for 2023-2024 school year, further providing for school safety and security coordinator training and providing for reporting and memorandum of understanding, for safe schools advocate in school districts of the first class and for enforcement; in school security, further providing for definitions, for school police officers, for annual report and for school security guards; in school health services, further providing for dental examinations and dental hygiene services and providing for eating disorder awareness and education; in drug and alcohol recovery high school program, providing for enrollment of students; in terms and courses of study, providing for calculation of average daily membership for a dual credit course and further providing for Economic Education and Personal Financial Literacy Programs; in early learning programs, providing for quarterly meetings; in character education program, further providing for character education program; providing for the Dual Credit Innovation and Equity Grant Program; in high schools, further providing for attendance in other districts; in community colleges, further providing for financial program and reimbursement of payments; in educational tax credits, further providing for qualification and application by organizations, for limitations and for low-achieving schools; in school districts of the first class, further providing for qualifications of principals and teachers; in funding for public libraries, providing for State aid for fiscal year 2023-2024; in credit card marketing, further providing for regulation of on-campus credit card marketing; in reimbursements by Commonwealth and between school districts, further providing for definitions and for payments on account of pupils enrolled in career and technical curriculums, providing for Level-Up Supplement for 2022-2023 school year, further providing for payments on account of courses for exceptional children, for payments to intermediate units, for assistance to school districts declared to be in financial recovery status or identified for financial watch status, for payments, for payments on account of pupil transportation, for Ready-to-Learn Block Grant and for payment of required contribution for public school employees' Social Security; in construction and renovation of buildings by school entities, further providing for applicability; providing for School Environmental Repairs Program; abrogating a regulation; and making an editorial change.

PA HB2015

In general provisions relating to general procurement provisions, providing for preference for bid or proposal.

PA SB843

In preliminary provisions, further providing for Special Education Funding Commission, for Basic Education Funding Commission and for Commission on Education and Economic Competitiveness and providing for public job posting database, for instructional vacancy data and for data transparency; providing for Interstate Teacher Mobility Compact; in drug and alcohol recovery high school program, further providing for scope of program and selection of students, providing for enrollment of students and further providing for academic programs; in terms and courses of study, further providing for Economic Education and Personal Financial Literacy Programs; in early learning programs, providing for quarterly reporting; in high schools, further providing for attendance in other districts; in educational tax credits, further providing for definitions; in credit card marketing, further providing for regulation of on-campus credit card marketing; in reimbursements by Commonwealth and between school districts, further providing for assistance to school districts declared to be in financial recovery status or identified for financial watch status; and abrogating regulations.

PA HB1017

In general provisions relating to general procurement provisions, providing for preference for bid or proposal.

PA HB301

In preliminary provisions, further providing for special provisions applicable to limited school years; in duties and powers of board of school directors, further providing for additional schools and departments; in grounds and buildings, further providing for limitation on new applications for Department of Education approval of public school building projects; in school directors' associations and county boards of school directors, further providing for powers and duties; in intermediate units, further providing for visual services and for school safety and security enhancements; in certification of teachers, further providing for substitute teaching permit for prospective teachers and for locally issued temporary certification for substitute teachers, repealing provisions relating to permit for classroom monitors and providing for permit for classroom monitors; providing for the Educator Pipeline Support Grant Program; in pupils and attendance, further providing for compulsory education of physical defectives, for school lunch and breakfast reimbursement, for dependent children, for actual cost of tuition and maintenance of certain exceptional children in the four chartered schools for education of the deaf and the blind, for payment of cost of tuition and maintenance of certain exceptional children, for transfer of funds for transferal programs and for children under six with defective hearing and parent or guardian advised of schools, etc.; in safe schools, further providing for definitions and for Office for Safe Schools, repealing provisions relating to regulations and to reporting, further providing for policy relating to bullying and for maintenance of records and repealing provisions relating to Safe Schools Advocate in School Districts of the First Class, to standing, to enforcement and to construction of article and other laws; in school safety and security, further providing for definitions and for school safety and security committee, providing for duties of committee, further providing for School Safety and Security Grant Program, providing for Targeted School Safety Grants for Nonpublic Schools and School Entities Program, for standardized protocols, for county safe schools' collaborative and for school mental health grants for 2023-2024 school year, further providing for school safety and security coordinator training and providing for reporting and memorandum of understanding, for safe schools advocate in school districts of the first class and for enforcement; in school security, further providing for definitions, for school police officers, for annual report and for school security guards; in character education program, further providing for character education program; in community colleges, further providing for financial program and reimbursement of payments; in educational tax credits, further providing for definitions, for qualification and application by organizations and for limitations; in school districts of the first class, further providing for qualifications of principals and teachers; in funding for public libraries, providing for State aid for fiscal year 2023-2024; in reimbursements by Commonwealth and between school districts, further providing for definitions and for payments on account of pupils enrolled in career and technical curriculums, for payments on account of courses for exceptional children, for payments to intermediate units, for assistance to school districts declared to be in financial recovery status or identified for financial watch status, for payments, for payments on account of pupil transportation, for Ready-to-Learn Block Grant and for payment of required contribution for public school employees' Social Security; in construction and renovation of buildings by school entities, further providing for applicability; providing for School Environmental Repairs Program; and making an editorial change.

PA SB716

In general provisions, further providing for statement of policy and for definitions.

PA HB1300

In emergency COVID-19 response, providing for

Similar Bills

No similar bills found.