BILL · 2017–18 SESSION · LATEST VERSION ESB 5800

SB 5800: Duty to warn/mental health

Concerning obligations of mental health professionals.

Summary

  • Amends the Involuntary Treatment Act to provide that:
  • A mental health professional or an individual health care provider (professional/provider) providing mental health services to a patient has a duty to warn of a patient's violent behavior only if the patient has communicated to the professional/provider an actual threat of physical violence that poses a serious or imminent threat to the health or safety of a reasonably identifiable person or persons.
  • This duty to warn is discharged if reasonable efforts are made to communicate the threat to the person identified and law enforcement personnel.
  • No professional/provider is liable for civil damages for discharging the duty to warn or, having discharged the duty to warn, for failing to predict, warn of, or take reasonable precautions to provide protections from a patient's violent behavior so long as the professional/provider acted in good faith and without gross negligence.

From the Engrossed House Bill Analysis 2017 (ESB 5800), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · passed Senate, stalled in House
  1. IntroducedFeb 10, 2017
  2. Out of committeeFeb 17, 2017
  3. Passed SenateMar 8, 2017
  4. Passed Housestopped here
  5. Governor
  6. Law
Prime sponsor
Senator (R-6)
Introduced
February 10, 2017 in the Senate
Last action
January 8, 2018
Companion bill
HB 1810

AN ACT Relating to obligations of mental health professionals;

Sponsors

Prime sponsor: Senator (R-6)

Votes

Senate · 3rd Reading & Final Passage

Passed March 8, 2017
Version voted on: ESB 5800
33 Yea 16 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat111400
Republican22200
How each member voted

History

  1. On motion, referred to Law & Justice. (ESB 5800)
  2. By resolution, reintroduced and retained in present status. (ESB 5800)
  3. By resolution, reintroduced and retained in present status. (ESB 5800)
  4. By resolution, reintroduced and retained in present status. (ESB 5800)
  5. By resolution, reintroduced and retained in present status. (ESB 5800)
  6. By resolution, returned to Senate Rules Committee for third reading. (ESB 5800)
  7. Placed on Rules White Sheet. (ESB 5800)
  8. First reading, referred to Judiciary (Not Officially read and referred until adoption of Introduction report). (ESB 5800)
  9. Third reading, passed; yeas, 33; nays, 16; absent, 0; excused, 0. (ESB 5800)
  10. Rules suspended. Placed on Third Reading. (ESB 5800)
  11. Floor amendment(s) adopted. (ESB 5800)
  12. Placed on second reading by Rules Committee. (ESB 5800)
  13. Passed to Rules Committee for second reading. (ESB 5800)
  14. Minority; without recommendation. (ESB 5800)
  15. Minority; do not pass. (ESB 5800)
  16. HLTH - Majority; do pass. (ESB 5800)
  17. First reading, referred to Health Care. (ESB 5800)

SB 5800 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

Report wrong or missing information on this page