326-B:33 Duty to Warn of Violent Acts of Client; Civil Liability. –
I. A licensee has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to the licensee, 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.
II. A licensee shall discharge the duty either by notifying the licensee's supervisor or the treating provider. A psychiatric APRN shall discharge the duty by making reasonable efforts to communicate the threat to the victim or victims, notifying the police department closest to the client's or potential victim's residence, or obtaining civil commitment of the client to the state mental health system.
III. No monetary liability or cause of action based on breach of client privacy, confidentiality, or any other ground shall arise from an act or communication done in a good faith effort to discharge a duty.