{"data":{"id":"us-ky/krs-202a.400","jurisdiction":"us-ky","citation":"KRS 202A.400","heading":"Duty of mental health professional to warn intended victim of patient's","body":"threat of violence.\n(1) No monetary liability and no cause of action shall arise against any mental health\nprofessional for failing to predict, warn of or take precautions to provide  protection\nfrom a patient's violent behavior, unless the patient has communicated to the mental\nhealth professional an actual threat of physical violence against a clearly identified\nor reasonably identifiable victim, or unless the patient has communicate d to the\nmental health professional an actual threat of some specific violent act.\n(2) The duty to warn of or to take reasonable precautions to provide protection from\nviolent behavior arises only under the limited circumstances specified in subsection\n(1) of this section. The duty to warn a clearly or reasonably identifiable victim shall\nbe discharged by the mental health professional if reasonable efforts are made to\ncommunicate the threat to the victim, and to notify the police department closest to\nthe patient's and the victim's residence of the threat of violence. When the patient\nhas communicated to the mental health professional an actual threat of some\nspecific violent act and no particular victim is identifiable, the duty to warn has\nbeen discharged  if reasonable efforts are made to communicate the threat to law\nenforcement authorities. The duty to take reasonable precaution to provide\nprotection from violent behavior shall be satisfied if reasonable efforts are made to\nseek civil commitment of the patient under this chapter.\n(3) No monetary liability and no cause of action shall arise against any mental health\nprofessional for confidences disclosed to third parties in an effort to discharge a\nduty arising under subsection (1) of this section accordin g to the provisions of\nsubsection (2) of this section.\n(4) For purposes of this section:\n(a) \"Mental health professional\" means:\n1. A physician licensed under the laws of Kentucky to practice medicine or\nosteopathy, or a medical officer of the government o f the United States\nwhile engaged in conducting mental health services;\n2. A psychiatrist licensed under the laws of Kentucky to practice medicine\nor osteopathy, or a medical officer of the government of the United\nStates engaged in conducting mental health services;\n3. A psychologist, a psychological practitioner, a certified psychologist, or\na psychological associate, licensed under the provisions of KRS Chapter\n319;\n4. A registered nurse licensed under the provisions of KRS Chapter 314\nengaged in providing mental health services;\n5. A licensed clinical social worker licensed under the provisions of KRS\n335.100, or a certified social worker licensed under the provisions of\nKRS 335.080 engaged in providing mental health services;\n6. A marriage and family th erapist licensed under the provisions of KRS\n335.300 to 335.399 engaged in providing mental health services;\n7. A professional counselor credentialed under the provisions of KRS\nChapter 335.500 to 335.599 engaged in providing mental health\nservices;\n8. An art therapist certified under KRS 309.130 engaged in providing\nmental health services; or\n9. A pastoral counselor licensed under the provisions of KRS 335.600 to\n335.699 engaged in providing mental health services; and\n(b) \"Patient\" has the same meaning  as in KRS 202A.011, except that it also\nincludes a person currently under the outpatient care or treatment of a mental\nhealth professional.","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44466","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"a26ce1beb4d150c60049826d4d9d8a284bee1b4bec1613a25d1cc13f805b1d07","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.301","next":"us-ky/krs-202a.410"},"notice":"GroundRules: Original legal text. Not legal advice."}