State	Relevant Statutes	Duty Yes/No	Mandatory Permissive	Applies To	Last Modified Effective	Statutory Summary	Interpretation by Case Law
Alabama		Yes	Mandatory	Counselors and licensed psychologists and psychiatrists.	Oct. 1, 1997	Confidential relations and communications between licensed psychologists, licensed psychiatrists, or licensed psychological technicians and their clients are placed upon the same basis as those provided by law between attorney and client.	See Donohoo v. State, 479 So.2d 1188.
	Ala. Code § 34-8A-21				1979	Confidential relations and communications between a licensed professional counselor or a certified counselor associate and client are placed upon the same basis as those provided by law between attorney and client.
	Ala. Code § 34-8A-24				1975	There shall be no monetary liability on the part of, and no cause of action shall arise against a licensed professional counselor or associate licensed counselor in failing to warn of and protect from a client who has communicated a serious threat of physical violence against a reasonably identifiable victim or victims. If there is a duty to warn and protect under the limited circumstances specified above, the duty shall be discharged by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency. No monetary liability and no cause of action may arise against a counselor who breaches confidentiality or privileged communication in the discharge of their duty as specified in this chapter.
	Ala. Code § 34-17A-23			Therapists	1997	There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a licensed marriage and family therapist in failing to predict and warn of and protect from a patient's violent behavior except where the patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims. The duty shall be discharged by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency. Immunity is provided for from suit relating to disclosure of confidential information.
Alaska	Alaska Stat. § 08.29.200	Yes	Permissive	Licensed Professional Counselor	Aug.1, 2012	A licensed professional counselor may not reveal any communication revealed by their client when the client has employed the counselor in a professional capacity. Exceptions allow the counselor to communicate confidential information to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society. Counselors are also exempted from confidentiality as mandatory reporters of child abuse or neglect and harm or assaults suffered by vulnerable adults.
	Alaska Stat. § 08.86.200			Psychologist or Psychological Associates	Sept. 4, 1996	A psychologist or psychological associate may not reveal to another person a communication made to the psychologist or psychological associate by a client about a matter concerning which the client has employed the psychologist or psychological associate in a professional capacity. This section does not apply to cases where an immediate threat of serious physical harm to an identifiable victim is communicated to a psychologist or psychological associate by a client or disclosures covered under Alaska Rule of Evidence 504. Notwithstanding the confidentiality described in this section, mental health professionals are required to report abuse to children, vulnerable adults, and people with disablities.
	Alaska Stat. § 08.95.900			Licensed Social Workers and their Employees	Jan. 1, 1999	A licensed social worker and their employees may not reveal any communication revealed by their client when the client has employed the social worker in a professional capacity. Exceptions allow the social worker to communicate confidential information to a potential victim or law enforcement concerning a threat of imminent serious physical harm to an identified victim made by the client. Social workers are also excepted from confidentiality requirements as mandatory reporters of child abuse or neglect and incidents of harm to vulnerable adults.
	Alaska Stat. § 47.30.845			Welfare, Social Services, and Related Institutions	July. 1, 2001	Information and records obtained in the course of a screening investigation, evaluation, examination or treatment by welfare, social services and related institutions are confidential except to be disclosed to a law enforcement agency when there is a substantiated concern over imminent danger to the community by a person presumed to have a mental illness.
Arizona	Ariz. Rev. Stat. Ann. § 32-2085	Yes	Mandatory (see explanation)	Licensed Psychologists and Support Staff.	1996	Places communications between client and a licensed psychologist on the same basis as those of attorney client privilege. Privilege does not extend when psychologist has a duty to report as required by law. Applies to support staff as well.
	Ariz. Rev. Stat. Ann. § 32-3283	Yes	Mandatory	Behavioral Health Professionals.	2006	Behavioral health professional - client privilege does not extend when the professional has a duty to (1) inform victims and appropriate authorities that a client's condition indicates a clear and imminent danger to the client or others; or (2) to report information required by law.
	Ariz. Rev. Stat. Ann. § 36-509	Yes	Permissive	Health Care Entity Records	Apr. 26, 1999	A health care entity must keep records and information contained in records confidential unless a specific exception is provided for. Information may be provided to Governmental or law enforcement agencies if necessary to (1) secure the return of a patient who is on unauthorized absence from any agency where the patient was undergoing evaluation and treatment; (2) report a crime on the premises; or (3) to avert a serious and imminent threat to an individual or the public.
	Ariz. Rev. Stat. Ann. § 36-517.01	N/A	N/A	Immunity for mental health professionals for release of information via 36-504 or 36-509.	Apr. 25, 2005	A release of information via 36-504 or 36-509 shall, at the request of the patient, be reviewed by a member of his family or a guardian. Section provides for appeal procedures. An agency or nonagency treating professional that makes a decision to release or withhold treatment information in good faith is not subject to liability for this decision.
	Ariz. Rev. Stat. Ann. § 36.517.02	Yes	Mandatory	"Extends to third persons whose circumstances place them within the reasonably foreseeable area of danger where the violent conduct of the patient is a threat." (Hammon). See also Little - Ruled statute as unconstitutional for impermissibly abrogating the right of action recognized in Hammon which is now the standard for the duty to protect.	Apr. 25, 1989	There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to prevent harm to a person caused by a patient, unless both of the following occur: (1) the patient has communicated to the mental health provider an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat; and (2) the mental health provider fails to take reasonable precautions. Any duty owed by a mental health provider to take reasonable precautions can be fulfilled by the following: (1) communicating when possible the threat to all identifiable victims; (2) notifying a law enforcement agency in the vicinity of where the patient or any potential victim resides; (3) taking reasonable steps to initiate proceedings for voluntary or involuntary hospitalization if appropriate; or (4) taking any other precautions that a reasonable and prudent mental health provider would take under the circumstances. Whenever a patient has explicitly threatened to cause serious harm or the mental health provider reasonably concludes the patient is likely to do so, the mental health provider, for the purpose of reducing the risk of harm, can disclose confidential communications and shall be immune from liability for such disclosure.	See interpretation by Little v. All Phoenix South Community Mental Health Center (186 Ariz. 97 1995) and its reference to Hamman.
Arkansas	Ark. Stat. Ann. § 17-27-311	Yes	Permissive	Licensed Counselors and Licensed Associate Counselors. No - Duty to Warn/Protect; Confidentiality Enforced. (Possibly permissive disclosure if Rules of Professional Conduct for Attorney's would apply - See opinion of attorney general Ark. Op. Atty. Gen. No. 2008-110 WL4533135).	Dec. 31, 2005	Confidential relations and communications between licensed counselors and a licensed associate counselor and their clients are placed upon the same basis as those provided by law between attorney and client. See Arkansas Rules of Professional Conduct for Attorneys, Rule 1.6 which allows for disclosure to prevent future harm, specifically refer to Comments.  The statute specifically addresses disclosure as not being required, but Attorney Rules of Professional Conduct, if applicable, could result in a standard of permissive disclosure.
	Ark. Stat. Ann. § 17-97-105			Licensed Psychologists and Psychological Examiners. No - Duty to Warn/Protect; Confidentiality Enforced. (Possibly permissive disclosure if Rules of Professional Conduct for Attorney's would apply - See opinion of attorney general Ark. Op. Atty. Gen. No. 2008-110 WL4533135).	Dec. 31, 2005	Confidential relations and communications between licensed psychologists or psychological examiners and their clients are placed upon the same basis as those provided by law between attorney and client. See Arkansas Rules of Professional Conduct for Attorneys, Rule 1.6 which allows for disclosure to prevent future harm, specifically refer to Comments.  The statute specifically address disclosure as not being required, but Attorney Rules of Professional Conduct if applied could result in a standard of permissive disclosure.	See law review article for summary and cases.
	Ark. Stat. Ann. § 17-103-107			Licensed Certified Social Workers, Master Social Workers and their staff. Yes - Duty to Protect - Permissive; Applies to: licensed certified social workers, licensed master social workers, and licensed social workers or their secretaries, clerks, and stenographers.	Dec. 31, 2005	No licensed certified social worker, master social worker, or his or her secretary, stenographer or clerk may disclose any information he or she may have acquired from persons consulting them in their professional capacity except these professionals shall not be required to treat as confidential a communication that reveals the contemplation for a crime or a harmful act.
California	Cal. [Evid] Code § 1010	Yes	Mandatory	Permissive via statute but interpreted by case law as Mandatory; Applies to: Psychotherapists and all professionals included in the definition of Psychotherapists.	Jan. 1, 2012	Provides the definition of the persons who qualify as a psychotherapist or persons who the patient reasonably believes is a psychotherapist.
	Cal. [Evid] Code § 1010.5				1985	A communication between a patient and an educational psychologist shall be privileged to the same extent, and subject to the same limitations, as a communication between a patient and a psychotherapist.
	Cal. [Evid] Code § 1018				Jan. 1, 1967	There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.
	Cal. [Evid] Code § 1024				Jan. 1, 1967	There is no privilege if a psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.
	****Cal. [Civil] Code § 43.92				Jan. 1, 2013	There is no liability for a psychotherapist as defined by section 1010 except if the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.
	Cal. [Civil] Code § 56.10				Jan. 1, 2011	Details authorization for compelled or permitted disclosure of medical information. Specifically Lists § 1010 for the Evidence Code under which a psychotherapist can disclose if, in good faith, they believe that the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.
Colorado	Colo. Rev. Stat. § 13-21-117	Yes	Mandatory	Physician, Social Worker, Psychiatric Nurse, Psychologist or Other Mental Health Professional or hospital or clinic or institution	Aug. 7, 2006	Provides that a physician, social worker, psychiatric nurse, psychologist or other mental health professional, a mental health hospital, a community mental health center, clinic, institution or their staff shall not be liable for damages in an civil action for failure to warn or protect any person against a patient's violent behavior. Any such persons mentioned shall not be held civilly liable for failure to predict such violent behavior, except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons. "When there is a duty to warn and protect under the provisions of paragraph (a) of this subsection (2), the mental health provider shall make reasonable and timely efforts to notify the person or persons, or the person or persons responsible for a specific location or entity, that is specifically threatened, as well as to notify an appropriate law enforcement agency or to take other appropriate action, including but not limited to hospitalizing the patient." Any persons mentioned above shall not beheld civilly liable or professionally disciplined for warning any person against or predicting a patient's violent behavior. This immunity does not cover negligent release of mental health patient information or the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation after a personal patient evaluation determining that the patient appears to have a mental illness, and as a result of that illness would be an imminent danger to others.
Connecticut	Conn. Gen. Stat. § 52-146c	Yes	Permissive	Psychologists	Jul. 1, 1992	All communications between a client and a psychologist are privileged unless consent is given. Consent is not required if the psychologist believes in good faith that there is a risk of imminent personal injury to the client or other individuals or risk of imminent injury to the property of others.
	Conn. Gen. Stat. § 52-146f				1999	Consent of a patient is not required for disclosure of information if the psychiatrist determines that there is a substantial risk of imminent physical injury by the patient to himself or others, or if over the course of treatment of the patient the psychiatrist finds it necessary to disclose information for the purpose of placing the client in a mental health facility by certification, commitment, or otherwise.
Delaware	Del. Code Ann. Tit. 16 § 1211	Yes	Permissive	Any information collected by the Dept. of Health and Social Services.	Jun. 27, 2012	Any use of protected information  permitted shall be limited to the minimum amount of information believed to be reasonably necessary to accomplish the legitimate public health purpose.
	Del. Code Ann. Tit. 16 § 1212				Jun. 27, 2012	Disclosure of protected health information without informed consent of the patient is allowed to the extent necessary in an emergency to protect the health or life of the patient from serious, imminent harm. Disclosure is also allowed to the public safety authority, during a public health emergency which is defined by § 1210 as a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community.
	Del. Code Ann. Tit. 16 § 5402	Yes	Mandatory	Mental health services providers	1992	A mental health provider shall not be liable nor shall any cause of action lie against them for inability to prevent harm to person or property caused by their patient unless (1) the patient has communicated an explicit and imminent threat to kill or seriously injure a clearly identified victim or victims, or to commit a specific violent act or to destroy property under circumstances which could lead to serious personal injury or death and the patient has an apparent intent and ability to carry out the threat; and (2) the  mental health provider fails to take precautions to prevent harm. This duty can be discharged by (1) notifying a law enforcement agency near the potential victim's residence or near the patient's residence of the threat of death or serious bodily injury to the clearly identified victim or victims; or (2) arranging for immediate voluntary or involuntary hospitalization in a timely manner. Provides for immunity from a cause of action for disclosing confidential information to prevent harm. Hospitals and other facilities have the same responsibilities regarding past threats of patients set to be released.
	Del. Code Ann. Tit. 24 § 3913	Yes	Permissive	Licensed Clinical Social Workers	Jul. 10, 1995	No clinical social worker shall be required to treat as confidential a communication from a person that reveals the planning of any violent crime or act.
District of Columbia	D.C. Code Ann. § 7-1203.03	Yes	Permissive	Mental Health Professionals, Mental Health Facilities, Data Collectors or Employees or Agents of a Mental Health Professional	Dec. 10, 2009	Mental health information may be disclosed on an emergency basis to: the client's spouse, parent, or legal guardian, a duly accredited officer or agent of D.C. in charge of public health, the Dept. of Mental Health, a provider, the D.C. Pretrial Services Agency, The Court Services and Offender Supervision Agency, a court exercising jurisdiction over the client as a result of a pending criminal proceeding, emergency medical personnel, an officer authorized to make arrests in D.C., or an intended victim. Any disclosure shall be limited to the minimum necessary to seek hospitalization or otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury.
Florida	Fla. Stat. § 394.4615	Yes	Permissive	Mental Health Professionals and Administrators under the Mental Health Act	Jan. 1, 2005	Information from a clinical record  may be released under the Mental Health Act when the patient has declared an intention to harm other persons. If such a declaration is made an administrator may authorize the release of sufficient information to provide adequate warning to the person threatened with harm by the patient. Any facility or private mental health practitioner who acts in good faith in releasing information under this section are not subject to criminal or civil liability.
	Fla. Stat. § 456.059			Psychiatrists	Jul. 4, 2004	Communications between a patient and a psychiatrist are confidential except (1) where a patient is engaged in a treatment relationship and (2) has made an actual threat to physically harm an identifiable victim or victims and (3) the psychiatrist makes a clinical judgment that the patient has the apparent capability to commit such an act and that it is more likely than not that in the near future the patient will carry out the threat. Under those circumstances the psychiatrist may disclose patient communications necessary to warn any potential victims or to communicate the threat to law enforcement. No civil or criminal action shall be instituted and there is no liability on account of the disclosure to prevent harm.
	Fla. Stat. § 490.0147			Psychologists	Jul. 1, 1997	Any communication between a licensed psychologist and a client is confidential unless waived when there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society. The psychologist can communicate information only to the potential victim, appropriate family member, or law enforcement or other appropriate authorities.
	Fla. Stat. § 491.0147			Psychotherapists and Counselors	Jul. 1, 2009	Any communications between psychotherapists or counselors and patients are confidential but may be waived when in the clinical judgment of the professional there is a clear and immediate probability of physical harm to the patient, to other individuals, or to society. The professional may communicate information to the potential victim, appropriate family member, or law enforcement or other appropriate authorities. The professional is immune from liability for disclosure under this section.
Georgia	Code of Ethics of the State Board of Examiners of Psychologists Ch. 510-4-.02§ 4.05	Yes/No	Duty to protect when a hospitalized patient makes threats and is released negligently.	No - Duty to Warn; Yes - Duty to Protect identifiable third parties via Bradley Center v. Wessner	2004	Georgia Rules of the State Board of Examiners of Psychologists have a provision allowing for discretionary disclosure of confidential information to protect the client, the psychologist or others from harm. This does not have the force of statutory law.	"Where the course of treatment of a mental patient involves an exercise of “control” over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient." - Bradley Center v. Wessner (161 Ga. App. 576).  The case involved a hospitalized patient who had made threats and was released. The provider and facility failed to continue exercising control over the patient. Subsequent case law has enforced confidentiality laws in actions against providers for providing warnings.
Hawaii	Hawaii Rev. Stat. §626-1 Rule 504.1	Yes	Permissive	Psychologists	No information.	There is no privilege under this rule as to a communication reflecting the client's intent to commit a criminal or tortuous act that the psychologist reasonably believes is likely to result in death or substantial bodily harm.	See Lee v. Corregedore 925 P.2d 324 for interpretation.
Idaho	Idaho Code § 6-1902	Yes	Mandatory	Mental Health Professionals	1991	The duty to warn arises when a patient has communicated an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat.
	Idaho Code § 6-1903				2005	Mental health professionals must make a reasonable effort to communicate, in timely manner, the threat to the victim and notify the law enforcement agency closest to the patient's or victim's residence and supply a requesting law enforcement agency with any information concerning the threat. If the victim is a minor then in addition the mental health professional must make an effort  to notify the parent, noncustodial parent, or legal guardian of the minor.
Illinois	Ill. Rev. Stat. Ch. 740 § 110/11	Yes	Permissive	Therapist	Aug. 15, 2011	When and to the extent necessary in the therapists sole discretion, disclosure is necessary to warn or protect a specific individual against whom a recipient has made a specific threat of violence where there exists a special relationship.
	Ill. Rev. Stat. Ch. 405 § 5/6-103	Yes	Mandatory	Physician, Clinical Psychologist, or Qualified Examiner.	Jun. 2, 2000	Any physician, clinical psychologist, or qualified examiner is immune from failure to warn or protect from a patient's threatened or actual violent behavior except where the patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims. This duty can be discharged by making a reasonable effort to communicate the threat to the victim or to a law enforcement agency, or to hospitalize the patient.
Indiana	Ind. Code § 34-30-16-1	Yes	Mandatory	Mental Health Service Providers	1998	A mental health service provider is immune from civil liability to persons other than the patient for failing to predict or warn or take precautions to protect from a patient's violent behavior unless the patient has communicated 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 other means to cause serious personal injury or death to others.
	Ind. Code § 34-30-16-2				1998	The duty from §1 is discharged by making a reasonable attempt to communicate the threat to the victim or victims, making a reasonable attempt to notify police or other law enforcement who have jurisdiction over the patient's or victim's place of residence, seeking civil commitment of the patient, taking steps reasonably available to prevent the patient from using physical violence until law enforcement can be summoned to take custody, or reporting the threat within a reasonable time period to a physical or psychologist who is designated as the individual responsible to warn under this chapter.
Iowa	No information.	Yes	Mandatory	Mental Health Providers			See Anthony v. State 374 N.W.2d 662 for statement of the standard of duty to protect in the state of Iowa - acceptance of the Thompson standard "the duty to warn depends upon and arises from the existence of a prior threat to a specific identifiable victim."
Kansas	No information.	Yes	Permissive	See case law for interpretation. Duty does not arise if the victim already knows of the danger. If a duty does arise as defined by case law, it appears to create a permissive standard.	No information.	No information.	See Schmidt v. HTG, Inc., 1998, 265 Kan. 372, 961 P.2d 677, certiorari denied 119 S.Ct. 409, 525 U.S. 964, 142 L.Ed.2d 332 and Boulanger v. Pol, 258 Kan. 289, 900 P.2d 823 (1995) for interpretation of any Kansas duty that exists.
Kentucky	Ky. Rev. Stat. §202A.400	Yes	Mandatory	Mental Health Professionals including professions defined by section; Mandatory if a duty arises under specific provisions.	2002	No duty to warn/protect exists unless the patient has communicated an actual threat of physical violence against a clearly or reasonably identified victim or if they have communicated a specific violent act.
	Ky. Rev. Stat. § 645.270			Mental Health Professionals or persons serving in a counselor role.	Apr. 10, 1988	A mental health professional or a person serving in a counselor role shall be immune from liability for failing to predict, warn, or take precautions to provide protection from a patient's violent behavior unless the patient has communicated an actual threat of physical violence against a clearly or reasonably identifiable victim or unless the patient has communicated an actual threat of some specific violent act. The duty to warn is discharged by making reasonable efforts to communicate the threat to the victim and to notify the law enforcement office closest to the patient's and the victim's residence. If no particular victim is identifiable the duty has been discharged if reasonable efforts are made to communicate the threat to law enforcement. The duty is also satisfied by seeking civil commitment. The mental health professional shall be immune from suits arising from confidences disclosed to third parties in an effort to discharge the duty under this section.
Louisiana	La. Rev. Stat. Ann. §2800.2	Yes	Mandatory	Psychologists, Psychiatrists, Marriage and Family Therapists, Licensed Professional Counselors, and Social Workers.	Jan. 1, 2010	When a patient has communicated a threat of physical violence, which is deemed to be significant in the clinical judgment of the treating psychologist..., against a clearly identified victim or victims, coupled with the apparent intent and ability to carry out such threat, a duty to warn/protect arises. The duty is discharged if the treating professional makes a reasonable effort to communicate the threat to the potential victim or victims and to notify law enforcement authorities in the vicinity of the patient's or potential victim's residence. Also provides for immunity for disclosure.
Maine	Rule of Evidence 503	No	No Duty	No Duty to Warn/Protect; Confidentiality Enforced.
Maryland	Md. [Cts. & Jud. Proc] Code Ann. §5-609	Yes	Mandatory	Mental Health Provider or any facility that provides treatment for mental disorders.	Oct. 1, 1999	A cause of action or disciplinary action may not arise against any mental health care provider or administrator for failing to predict, warn of, or take precautions to provide protection from a patient's violent behavior unless the mental health care provider or administrator knew of the patient's propensity for violence and the patient indicated to the mental health care provider or administrator, by speech, conduct, or writing, of the patient's intention to inflict imminent physical injury upon a specified victim or group of victims. The duty is discharged by seeking civil commitment, formulating a treatment plan to eliminate the threat, or informing law enforcement in a reasonable and timely manner. Immunity provision for disclosure.
Massachusetts	Mass. Gen. Laws Ann. Ch. 123 § 36B	Yes	Mandatory	Licensed Mental Health Professionals	Oct. 1, 1999	There shall be no duty owed by a licensed mental health professional to take reasonable precautions to warn or in any other way protect a potential victim or victims of said professional's patient, and no cause of action imposed against a licensed mental health professional for failure to warn or in any other way protect a potential victim or victims of such professional's patient unless: (a) the patient has communicated to the licensed mental health professional an explicit threat to kill or inflict serious bodily injury upon a reasonably identified victim or victims and the patient has the apparent intent and ability to carry out the threat, or (b) the patient has a history of physical violence which is known to the licensed mental health professional and the licensed mental health professional has a reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury against a reasonably identified victim or victims and the mental health professional fails to act.
						Massachusetts also has ways for the duty to be discharged:
						M.G.L. Ch. 123, Section 1 articulates the four ways the Mass. duty can be discharged.
						“Reasonable precautions”, any licensed mental health professional shall be deemed to have taken reasonable precautions, as that term is used in Sec. 36B, if such professional makes reasonable efforts to take one or more of the following actions as would be taken by a reasonably prudent member of his profession under the same or similar circumstances:—
						(a) communicates a threat of death or serious bodily injury to the reasonably identified victim or victims;
						(b) notifies an appropriate law enforcement agency in the vicinity where the patient or any potential victim resides;
						(c) arranges for the patient to be hospitalized voluntarily;
						(d) takes appropriate steps, within the legal scope of practice of his profession, to initiate proceedings for involuntary hospitalization.
Michigan	Mich. Comp. Laws § 330.1946	Yes	Mandatory	Mental Health Professionals	Mar. 28, 1996	If a patient communicates to a mental health professional who is treating the patient a threat of physical violence against a reasonably identifiable third person and the recipient has the apparent intent and ability to carry out that threat in the foreseeable future, the mental health professional has a duty to take action. The duty is discharged by hospitalization, communicating to the third person and notifying local law enforcement, warn social services or the custodial parent or guardian if the victim is a minor. Immunity from liability for disclosure.
Minnesota	Minn. Stat. §148.975	Yes	Mandatory	Psychologists	1996	The duty to predict, warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the licensee a specific, serious threat of physical violence against a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the licensee if reasonable efforts are made which includes: communicating the serious, specific threat to the potential victim and if unable to make contact with the potential victim, communicating the serious, specific threat to the law enforcement agency closest to the potential victim or the client. Immunity from liability provision for disclosure.
Mississippi	Miss. Code Ann. §41-21-97	Yes	Permissive	Physicians, Psychologists, Licensed Master Social Workers or Licensed Professional Counselors.	Jul. 1, 2006	When the patient has communicated to the treating physician... an actual threat of physical violence against a clearly identified or reasonably identifiable potential victim or victims, and then the treating physician... may communicate the threat only to the potential victim or victims, a law enforcement agency, or the parent or guardian of a minor who is identified as a potential victim.
Missouri	Mo. Rev. Stat. §632.300	Yes	Mandatory	Mental Health Coordinators. **See Common Law which makes mandatory.	1996	Procedure when physical harm possibilities are alleged.	See also Virgin v. Hopewell Center discussing Bradley v. Ray (66 S.W.3d 21) for common law duty to warn.
Montana	Mont. Code Ann. § 27-1-1102	Yes	Mandatory	Mental Health Professionals	Oct. 1, 2009	A mental health professional has the duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient communicates an actual threat of physical violence by specific means and against a clearly identified or reasonably identifiable victim. The duty is discharged by making a reasonable effort to communicate the threat to the victim, notifying the law enforcement agency closest to the patient or victims residence, and supplying any requested information concerning the threat of violence to the law enforcement agency.
Nebraska	Neb. Rev. Stat. §38-3132	Yes	Mandatory	Psychologists	2007	There is no cause of action or duty to warn except when a patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims. This duty is discharged if reasonable efforts are made to warn the victim or notify law enforcement. Immunity from suit for disclosure.
Nevada	NV Rev Stat § 629.550 (2017) NRS 49.225 NRS 449.710	Yes				2017 Nevada Revised Statutes Chapter 629 - Healing Arts Generally  NRS 629.550 - Duty to apply for emergency admission to mental health facility of patient who communicates certain threats or to make reasonable effort to timely communicate threats to certain persons; civil or criminal liability or disciplinary action.
New Hampshire	N.H. Rev. Stat. Ann. § 329-B:29	Yes	Mandatory	Licensed Psychologists	Jul. 1, 2013	Any person licensed via the state as a Psychologist has a duty to warn or to take reasonable precautions to provide protection from a client's violent behavior when the client or patient has communicated a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property. This duty may be discharged by making reasonable efforts to communicate the threat to the victim or victims, notifying the police department closest to the client or patient's residence, or obtaining civil commitment of the client. Provides for immunity from liability concerning breach of client privacy or confidentiality.
New Jersey	N.J. Rev. Stat. §2A:62A-16	Yes	Mandatory	Psychologists, Psychiatrists, MDs, Nurses, Clinical Social Workers or Marriage Counselors	Aug.11, 2010	A duty to warn arises if the patient has communicated to the practitioner a threat of imminent, serious physical violence against a readily identifiable individual or against himself and the circumstances are such that a reasonable professional in the practitioner's area of expertise would believe the patient intended to carry out the threat; or the circumstances are such that a reasonable professional in the practitioner's area of expertise would believe the patient intended to carry out an act of imminent, serious physical violence against a readily identifiable individual or against himself. The duty is discharged by arranging hospitalization, involuntary commitment, advising law enforcement of the identity of the intended victim, warning the victim or their parent or guardian of the patient if the threat is of self inflicted violence.   e. In addition to complying with subsection c. of this section, a licensed practitioner shall notify the chief law enforcement officer of the municipality in which the patient resides        or the Superintendent of State Police if the patient resides in a municipality that does not      have a full-time police department that a duty to warn and protect has been incurred with        respect to the patient and shall provide to the chief law enforcement officer or            superintendent, as appropriate, the patient’s name and other non-clinical identifying       information. The chief law enforcement officer or superintendent, as appropriate, shall     use that information to ascertain whether the patient has been issued a firearms purchaser        identification card, permit to purchase a handgun, or any other permit or license           authorizing possession of a firearm.
New Mexico	No information.	Yes	Permissive	See common law for distinctions.			See Estate of Eric S. Haar v. Ulwelling 141 N.M. 252, Wilschinsky v. Medina 108 N.M. 511 and Weitz v. Lovelace Health System 214 F.3d 1175 for interpretation of New Mexico's Duty to Warn/Protect.
New York	N.Y. [Mental Hygiene] Law §9.46	Yes*	Mandatory	Mental health professionals	Enacted Jan. 15, 2013 by Senate Bill 2230	Requires mental health professional who has determined that a patient presents a serious and imminent danger to himself or others to report the concern to state government, and not to the third party potentially at risk*. Reasons for disclosure must be documented in the clinical record. This section imposes a mandatory duty to report on mental health professionals while protecting mental health professionals who discharge the duty in good faith from both civil and criminal liability.
North Carolina							See Gregory v. Kilbride, 565 S.E.2d 685 (2002) specifically not recognizing Tarasoff duty to protect.
North Dakota
Ohio	Ohio Rev. Code Ann. §2305.51	Yes	Mandatory	Mental Health Professionals, Services and Organizations	1999	A mental health professional or mental health organization may be held liable in damages in a civil action, or may be made subject to disciplinary action by an entity with licensing or other regulatory authority over the professional or organization, for serious physical harm or death resulting from failing to predict, warn of, or take precautions to provide protection from the violent behavior of a mental health client or patient, only if the client or patient or a knowledgeable person has communicated to the professional or organization an explicit threat of inflicting imminent and serious physical harm to or causing the death of one or more clearly identifiable potential victims, the professional or organization has reason to believe that the client or patient has the intent and ability to carry out the threat, and the professional or organization fails to take action. Acceptable action includes hospitalization, commitment, a treatment plan, notifying law enforcement, and communicate to the victim or the victims guardian.
Oklahoma	Okla. Stat. Tit.59 §1376	Yes	Permissive	Psychologists including clerical, academic and therapeutic, or their employees.	Apr. 27, 2004	All communications are confidential except when the patient is a clear and present danger to himself or the patient has communicated an explicit threat to kill or inflict serious bodily injury upon a reasonably identified person and has the apparent intent and ability to carry out the threat. Another circumstance is when the patient has a history of known physical violence and the professional has a reasonable basis to believe that there is clear and imminent danger that the patient will kill or inflict serious bodily injury upon a reasonably identified person. In such circumstances a duty to take reasonable precautions arises. This can be accomplished by communicating the threat to the victim, notifying law enforcement, arranging for hospitalization, or commitment.
Oregon	Or. Rev. Stat. §179.505	Yes	Permissive	Health Care Providers	Aug. 5, 2011	Information is confidential unless during diagnosis, evaluation or treatment the professional judgment of the health care services provider indicates a clear and immediate danger to others or to society at which point the information may be reported to the appropriate authority.
Pennsylvania	No information.	Yes	Mandatory	Mental Health Professionals			See Emerich v. Philadelphia Ctr. For Human Dev., Inc., 720 A.2d 1032 (1998) for interpretation of duty in Pennsylvania.
Puerto Rico		Yes	Mandatory	Physicians, Psychiatrists, Psychologists, Social Workers, Professional Counselors, or Healthcare professionals. Requires others rendering services to a mental health patient, to inform the healthcare professional in charge, of threats.
Rhode Island	R.I. Gen. Laws §5-37.3-4	Yes	Permissive	Health Care Providers	16.cze.10	The least amount of information necessary may be disclosed by a health care provider to appropriate law enforcement personnel, or to a person if the health care provider believes that person or his or her family is in danger from a patient.
South Carolina	S.C. Code Ann. §42-22-90	Yes	Permissive	Mental Health Professionals including General Physicians, Psychiatrists, Psychologists, Psychotherapists, Nurses, Social Workers, or other staff members employed in a patient therapist capacity or employees under supervision.	1991	Patients may prevent disclosure except in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others.
South Dakota	S.D. Codified Laws Ann. §27A-12-29	Yes	Permissive	All Record Holders	2007	The holder of the records may disclose information when the patient has communicated a serious threat of serious physical injury against a reasonably identifiable victim, the person with knowledge of the threat may disclose the threat to the potential victim or to any law enforcement officer, or both. No cause of action may arise under this chapter against the person who, in good faith, discloses the threat to a potential victim or law enforcement officer pursuant to the provisions of this subdivision.
Tennessee	Tenn. Code Ann. §33-3-206	Yes	Mandatory	Qualified Mental Health Professional or Behavioral Analysts.	Jul. 1, 2002	Mental health professionals may predict, warn or take precautions if and only if an actual threat of bodily harm against a clearly identified victim is communicated and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so.
	Tenn. Code Ann. §33-3-207				Mar. 1, 2002	The duty is discharged by voluntary admission to the hospital, warning potential victims, pursuing involuntary commission or taking a course of action consistent with professional standards.
	Tenn. Code Ann. §33-3-208				Jul. 1, 2002	Employees of Mental Health Professional shall tell the professional if they receive communication of a threat against a specific victim from a recipient of services.
	Tenn. Code Ann. §33-3-209				Mar. 1, 2001	Immunity from liability.
Texas	Tex. [Health and Safety] Code Ann. §611.004	Yes	Permissive	Mental Health Professionals	Sept. 1, 2005	A mental health professional may disclose information only to medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient.
Utah	Utah Code Ann. §78B-3-502	Yes	Mandatory	Therapists	My. 12, 2009	A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, except when that client or patient communicated to the therapist an actual threat of physical violence against a clearly identified or reasonably identifiable victim. That duty shall be discharged if the therapist makes reasonable efforts to communicate the threat to the victim, and notifies a law enforcement officer or agency of the threat.
Vermont	No information.	Yes	Mandatory	Mental Health Agency, Psychotherapist, Counselor.			See Peck v. Counseling Serv. Of Addison County, Inc., 499 A.2d 422 (1985) for interpretation of duty - appears to apply to threats to real property in addition to threats to people.
Virginia	Va. Code §54.1-2400.1	Yes	Mandatory	Mental Health Service Providers as defined by statute.	Jul. 1, 2010	A mental health service provider has a duty to take precautions to protect third parties from violent behavior or other serious harm only when the client has orally, in writing, or via sign language, communicated to the provider a specific and immediate threat to cause serious bodily injury or death to an identified or readily identifiable person or persons, if the provider reasonably believes, or should believe according to the standards of his profession, that the client has the intent and ability to carry out that threat immediately or imminently. Duty is discharged by begins involuntary commitment, warns the victim or their parents, notifies law enforcement, any means necessary until law enforcement arrives, or counsels the client until it is no longer necessary. Immunity from liability for disclosure.
Washington	Wash. Rev. Code §71.05.120	Yes	Mandatory	Public and Private Mental Health Professionals and Agencies.	Jun. 8, 2000	Provides immunity from liability for acting in good faith. Does not exempt from the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.
	Wash. Rev. Code §71.05.390 Repealed by 2013 c 200 § 34, effective July 1, 2014				Jul. 22, 2011	Exception to confidentiality for threat or harassment see 10(a).	Repealed by 2013 c 200 § 34, effective July 1, 2014
West Virginia	W.Va. Code §27-3-1	Yes	Permissive	Mental Health Professionals	Jun. 5, 2008	Confidential information shall not be disclosed except for to protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another.
Wisconsin	No information.	Yes	Mandatory	Psychotherapists			See Schuster v. Altenberg, 424 N.W.2d 159, (1988) for discussion of the duty to warn in Wisconsin.
Wyoming	Wyo. Stat. §33-38-113 and 33-27-123	Yes	Permissive	Psychologists, Professional Counselors, Marriage and Family Therapists, Social Workers, and Chemical Dependency Specialists.	Mar 1, 1999/Jul 1, 2009	Confidentiality is enforceable except where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist.