5-609 Duty to Commit, Treat, or Warn

Question 0

If a law enforcement agency (and the intended victim) must be informed, what information must be provided by the psychologist?

Answer 0

1) the nature if the threat
2) the identity of the patient making the threat
3) the identity of the specified victim(s)

Question 1

What actions must be taken if you have a patient who states a threat to inflict imminent physical harm to an identified victim?

Answer 1

Make a reasonable and timely effort to:

1) seek civil commitment of the patient;
2) formulate a diagnostic impression and establish a treatment plan calculated to eliminate the possibility that the patient will carry out the threat; this may include increasing the frequency of treatment sessions and/or having the patient receive appropriate medication.
3) inform the appropriate law enforcement agency and, of feasible, the specified victim(s).

Note: in MD, take steps 1 and 2 before breaching confidentiality. Also, no report is made if the identity of the intended victim is not known or the threat is not for imminent physical injury. There is no mention in this statute about threats of suicide or a duty to protect a patient from self-harm.