PRINTER'S NO. 240
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
276
Session of
2023
INTRODUCED BY LANGERHOLC, VOGEL, STEFANO AND J. WARD,
JANUARY 31, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 31, 2023
AN ACT
Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
act relating to mental health procedures; providing for the
treatment and rights of mentally disabled persons, for
voluntary and involuntary examination and treatment and for
determinations affecting those charged with crime or under
sentence," in general provisions, providing for duty to warn.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 9, 1976 (P.L.817, No.143), known
as the Mental Health Procedures Act, is amended by adding a
section to read:
Section 111.1. Duty to Warn.--(a) Notwithstanding any other
provision of law, a qualified professional has a duty to warn a
potential victim and law enforcement of a specific and immediate
threat of serious bodily injury when the threat has been
communicated to the qualified professional by a patient.
(b) In addition to the duty to warn under subsection (a), if
the potential victim attends a school district, area career and
technical school, intermediate unit, charter school, cyber
charter school, regional charter school, nonpublic school or
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institution of higher education, the qualified professional
shall submit a report through the Safe2Say Program established
under section 1303-D of the act of March 10, 1949 (P.L.30,
No.14), known as the "Public School Code of 1949."
(c) For the qualified professional to have a duty to warn
under this section, the threat must be made against a
specifically identified or readily identifiable victim.
( d) The following shall apply:
(1) If there is only one potential victim, the qualified
professional discharges the duty to warn by making reasonable
efforts to communicate the threat to the potential victim and
law enforcement.
(2) If there is more than one potential victim, the
qualified professional discharges the duty to warn by
communicating the threats to law enforcement. The qualified
professional may notify potential victims of the threat.
(3) If the threat involves a potential victim under
subsection (b), the qualified professional discharges the duty
to warn by satisfying the requirements under clause (1) or (2)
and submitting a report through the Safe2Say Program.
(e) Notwithstanding any provision of law, a qualified
professional may not be held civilly or criminally liable for
any action made in good faith in the discharge of the qualified
professional's duties under this section.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Institution of higher education." An independent
institution of higher education, a community college, a State-
related institution or a member institution of the State System
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of Higher Education.
"Nonpublic school." A school that is a nonprofit
organization and is located in this Commonwealth. The term does
not include a public school.
Section 2. This act shall take effect in 60 days.
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