TITLE 16

Health and Safety

Mental Health

CHAPTER 54. MENTAL HEALTH SERVICES PROVIDERS


Except where the context indicates otherwise, as used in this chapter:

(1) "Licensed clinical social worker'' means "licensed clinical social worker'' as defined by Chapter 39 of Title 24.

(2) "Licensed counselor working in the field of mental health'' means "licensed counselor working in the field of mental health'' as defined by Chapter 30 of Title 24.

(3) "Licensed psychologist'' means "licensed psychologist'' as defined by Chapter 35 of Title 24.

(4) "Mental health services provider'' means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter.

(5) "Patient'' means any person with whom the mental health services provider has established a patient-care provider relationship.

(6) "Physician'' means "physician'' as defined by Chapter 17 of Title 24.

(7) "Registered professional nurse'' means "registered professional nurse'' as defined by Chapter 19 of Title 24.

68 Del. Laws, c. 387, § 1.;

(a) Except as provided in subsection (d) of this section, no cause of action shall lie against a mental health services provider, nor shall legal liability be imposed, for inability to prevent harm to person or property caused by a patient unless:

(1) The patient has communicated to the mental health services provider 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 easily 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 services provider fails to take the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.

(b) Any duty owed by a mental health services provider to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider, in a timely manner:

(1) Notifies a law-enforcement agency near where the potential victim resides, or notifies a law-enforcement agency near where the patient resides, and communicates the threat of death or serious bodily injury to the clearly identified victim or victims; or

(2) Arranges for the patient's immediate voluntary or involuntary hospitalization.

(c) Whenever a patient has explicitly threatened to cause serious harm to a person or property, or a mental health services provider otherwise concludes that the patient is likely to do so and the mental health services provider, for the purpose of reducing the risk of harm, discloses any confidential communication made by or relating to the patient, no cause of action, either criminal or civil, shall lie against the mental health services provider for making such disclosure.

(d) Whenever a patient within the custodial responsibility of a hospital or other facility has made or makes threats of the kind dealt with in subsection (a) of this section, the mental health services provider and institution, agency or hospital shall, prior to such patient's discharge, consider and evaluate previously made threats made by such patient. Under such circumstances, the mental health services provider may consider it prudent to inform appropriate law-enforcement agencies or the previously threatened party as a measure of precaution. Subsections (a) and (c) of this section shall also apply to the hospital or facility.

68 Del. Laws, c. 387, § 1.;

(a) A person may not bring a cause of action against a mental health services provider, institution, agency, or hospital, and legal liability may not be imposed, for the inability of a mental health services provider, institution, agency, or hospital to prevent harm to person or property caused by a patient unless both of the following are met:

(1) The patient has communicated to the mental health services provider, institution, agency, or hospital an explicit and imminent threat to kill or seriously injure a clearly identified victim, or to commit a specific violent act or to destroy property under circumstances which could easily lead to serious personal injury or death, and the patient has an apparent intent and ability to carry out the threat.

(2) The mental health services provider, institution, agency, or hospital fails to take the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.

(b) Any duty owed by a mental health services provider, institution, agency, or hospital to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider, institution, agency, or hospital, in a timely manner, does both of the following:

(1) Notifies a law-enforcement agency having jurisdiction where the potential victim resides, or notifies a law-enforcement agency having jurisdiction where the patient resides, and communicates the threat of death or serious bodily injury to the clearly identified victim.

(2) Arranges for the patient's immediate voluntary or involuntary hospitalization, in an inpatient or outpatient program.

(c) If a patient has explicitly threatened to cause serious harm to a person or property, or a mental health services provider, institution, agency, or hospital otherwise concludes that the patient is likely to do so or is dangerous to others or dangerous to self, as these terms are defined in § 5001 of this title, and the mental health services provider, institution, agency, or hospital, for the purpose of reducing the risk of harm, discloses any confidential communication made by or relating to the patient, a person may not bring cause of action, either criminal or civil, against the mental health services provider, institution, agency, or hospital for making such disclosure.

(d) [Repealed.]

68 Del. Laws, c. 387, § 1; 81 Del. Laws, c. 232, § 5.;

(a) A mental health service provider, institution, agency, or hospital may disclose confidential communications made by or relating to a patient to law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is "dangerous to others'' or "dangerous to self,'' as these terms are defined in § 1448C(a) of Title 11, regardless of whether the patient has made explicit threats against an identifiable victim.

(b) A person may not bring a cause of action, either criminal or civil, against a mental health services provider, institution, agency, or hospital for making a communication to law enforcement under this section.

81 Del. Laws, c. 232, § 6.;