PRINTER'S NO. 3064
No. 2447 Session of 1994
INTRODUCED BY M. COHEN, LEVDANSKY, RITTER AND MICHLOVIC,
JANUARY 4, 1994
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JANUARY 4, 1994
AN ACT
1 Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
2 act relating to mental health procedures; providing for the
3 treatment and rights of mentally disabled persons, for
4 voluntary and involuntary examination and treatment and for
5 determinations affecting those charged with crime or under
6 sentence," further regulating immunity from civil liability
7 and requiring notification in certain cases.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of July 9, 1976 (P.L.817, No.143), known
11 as the Mental Health Procedures Act, is amended by adding a
12 section to read:
13 Section 117. Duty to Give Notice; Immunity.--(a) Any
14 licensed mental health service provider who determines that his
15 or her patient poses a threat of violence to another shall
16 discharge the legal duty to protect the other by any
17 professionally reasonable course of action. Such actions shall
18 include, but are not limited to, communicating the threat to the
19 victim or victims, notifying the appropriate law enforcement
20 agency, arranging for the patient's hospitalization voluntarily
1 or petitioning for involuntary hospitalization.
2 (b) No monetary liability and no cause of action may arise
3 against a licensed mental health service provider for failing to
4 predict, warn or take precautions to provide protection from a
5 patient's violent behavior if the following circumstances exist:
6 (1) the provider has made reasonable professional efforts to
7 assess the likelihood of such violent behavior; and
8 (2) those efforts have failed to yield a threat of physical
9 violence against a clearly identified or reasonably identifiable
10 victim or victims.
11 Section 2. This act shall take effect in 60 days.
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