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RSA 330-A:35 · Civil Liability; Duty to Warn

330-A:35 Civil Liability; Duty to Warn. –

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I.

Any person licensed under this chapter 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 such 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.

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II.

The duty may be discharged by, and no monetary liability or cause of action shall arise against, any person licensed under this chapter if the licensee makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client's or potential victim's residence, or obtains civil commitment of the client to the state mental health system.

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III.

No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person licensed under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II. Source. 1998, 234:1, eff. Oct. 31, 1998. Sexual Misconduct

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Source note

Source. 1998, 234:1, eff. Oct. 31, 1998. Sexual Misconduct

Source history

  • 1998, 234:1, eff. Oct. 31, 1998. Sexual Misconduct

Related materials

Bill relationships

  • 2026 HB1438 amend

    ces of animal abuse by their clients. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Duty to Report Animal Abuse. Amend RSA 330-A by inserting after section 35 the following new section: 330-A:36 Reports of Animal Abuse. I. A person licensed under this chapter having knowledge of, or suspecting in good faith, that any animal has been subjec

  • 2026 HB1572 amend

    ealth, clinical psychology, substance use treatment, social work, or equivalent, from an accredited college or university, and have held a New Hampshire license issued pursuant to RSA 330-A for at least 5 years with good standing. 2 Speech-Language Pathology and Hearing Care Providers Practice; Rulemaking. Amend RSA 326-F:5, V to read as follows: V. The minimum qualifications of, requirements for

  • 2026 HB1572-FN amend

    ealth, clinical psychology, substance use treatment, social work, or equivalent, from an accredited college or university, and have held a New Hampshire license issued pursuant to RSA 330-A for at least 5 years with good standing. 2 Speech-Language Pathology and Hearing Care Providers Practice; Rulemaking. Amend RSA 326-F:5, V to read as follows: V. The minimum qualifications of, requirements for

  • 2026 HB1796 reference · effective 2027-01-01

    ciate licensed pursuant to RSA 328-D, an advanced practice registered nurse under RSA 326-B, a psychologist licensed pursuant to RSA 329-B, or a social worker licensed pursuant to RSA 330-A, who is registered by the department to administer treatment with psilocybin. XXI. “Qualified therapy provider agent” means an individual who holds a valid qualified therapy provider agent registration card. XXII.

  • 2026 HB1796-FN reference · effective 2027-01-01

    ciate licensed pursuant to RSA 328-D, an advanced practice registered nurse under RSA 326-B, a psychologist licensed pursuant to RSA 329-B, or a social worker licensed pursuant to RSA 330-A, who is registered by the department to administer treatment with psilocybin. XXI. “Qualified therapy provider agent” means an individual who holds a valid qualified therapy provider agent registration card. XXII.

  • 2025 HB82 amend

    re Law; Reimbursement for Providers Waiting for Health Carrier Credentialing Verification; Cross-Reference Removed. Amend RSA 420-J:8-c, II(a) to read as follows: (a) Mental health practitioners licensed under RSA 330-A [and applicants for mental health practice licensure from other states who are permitted to practice in this state pursuant to RSA 330-A:26, II]. 161:16 Mental Health Practice; Repeal. The following are repeal