Maine Code § 32-6207-C

Duty to warn and protect
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1. Duty. A certified alcohol and drug counselor or a licensed alcohol and drug counselor has a
duty to warn of or to take reasonable precautions to provide protection from a client's violent behavior
if the counselor has a reasonable belief based on communications with the client that the client is likely
to engage in physical violence that poses a serious risk of harm to self or others. The duty imposed
under this subsection may not be interpreted to require the counselor to take any action that in the
reasonable professional judgment of the counselor would endanger the counselor or increase the threat
of danger to a potential victim.
[PL 2019, c. 317, §4 (NEW).]
2. Discharge of duty. A certified alcohol and drug counselor or a licensed alcohol and drug
counselor subject to a duty to warn or provide protection under subsection 1 may discharge that duty if
the counselor makes reasonable efforts to communicate the threat to a potential victim, notifies a law
enforcement agency or seeks involuntary hospitalization of the client under Title 34-B, chapter 3,
subchapter 4, article 3.
[PL 2019, c. 317, §4 (NEW).]
3. Immunity. No monetary liability and no cause of action may arise concerning client privacy
or confidentiality against an alcohol and drug counselor certified or licensed under this chapter for
information disclosed to 3rd parties in an effort to discharge a duty under subsection 2.
[PL 2019, c. 317, §4 (NEW).]

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