Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 34-30-16
     Chapter 16. Health Care: Privileged Communications of Mental Health Service Providers

IC 34-30-16-1
Immunity from civil liability; violent behavior of patient
    
Sec. 1. A mental health service provider is immune from civil liability to persons other than the patient for failing to:
        (1) predict; or
        (2) warn or take precautions to protect from;
a patient's violent behavior unless the patient has communicated to the provider of mental health services an actual threat of physical violence or other means of harm against a reasonably identifiable victim or victims, or evidences conduct or makes statements indicating an imminent danger that the patient will use physical violence or use other means to cause serious personal injury or death to others.
As added by P.L.1-1998, SEC.26.

IC 34-30-16-2
Duty to warn or to take reasonable precautions; discharge
    
Sec. 2. The duty to warn of or to take reasonable precautions to provide protection from violent behavior or other serious harm arises only under the limited circumstances specified in section 1 of this chapter. The duty is discharged by a mental health service provider who takes one (1) or more of the following actions:
        (1) Makes reasonable attempts to communicate the threat to the victim or victims.
        (2) Makes reasonable efforts to notify a police department or other law enforcement agency having jurisdiction in the patient's or victim's place of residence.
        (3) Seeks civil commitment of the patient under IC 12-26.
        (4) Takes steps reasonably available to the provider to prevent the patient from using physical violence or other means of harm to others until the appropriate law enforcement agency can be summoned and takes custody of the patient.
        (5) Reports the threat of physical violence or other means of harm, within a reasonable period of time after receiving knowledge of the threat, to a physician or psychologist who is designated by the employer of a mental health service provider as an individual who has the responsibility to warn under this chapter.
As added by P.L.1-1998, SEC.26.

IC 34-30-16-3
Patient privacy and confidentiality; immunity from liability
    
Sec. 3. A mental health service provider who discloses information that must be disclosed to comply with sections 1 through 2 of this chapter is immune from civil and criminal liability under Indiana statutes that protect patient privacy and confidentiality.


As added by P.L.1-1998, SEC.26.