Mont. Code § 27-1-1102

Current through the 2023 Regular Session

Section 27-1-1102 - Duty to warn of violent behavior

A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:

(1) made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient's or the victim's residence of the threat of violence; and

(2) supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.

§ 27-1-1102, MCA

En. Sec. 2, Ch. 214, L. 1987; amd. Sec. 596, Ch. 56, L. 2009.