Nebraska Statutes 38-3132. Duty to warn; limitation; immunity
(1) No monetary liability and no cause of action shall arise against any psychologist for failing to warn of and protect from a client’s or patient’s threatened violent behavior or failing to predict and warn of and protect from a client’s or patient’s violent behavior except when the client or patient has communicated to the psychologist a serious threat of physical violence against a reasonably identifiable victim or victims.
Terms Used In Nebraska Statutes 38-3132
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Client or patient: means a recipient of psychological services within the context of a professional relationship. See Nebraska Statutes 38-3104
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Psychologist: means a person licensed to engage in the practice of psychology in this or another jurisdiction. See Nebraska Statutes 38-3109
(2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in subsection (1) of this section. The duty shall be discharged by the psychologist if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency.
(3) No monetary liability and no cause of action shall arise against any person who is a psychologist for a confidence disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section in accordance with subsection (2) of this section.
Source
- Laws 1994, LB 1210, § 92;
- R.S.1943, (2003), § 71-1,206.30;
- Laws 2007, LB463, § 1066.