Duty to Warn and Actual Communication

Course overview

Course Description This course reviews the legal and ethical principles related to a mental health professionals duty to warn and protect third parties. Using contemporary case law discussed in the Journal of the American Academy of Psychiatry and the Law, participants will examine how courts interpret the requirement that a patient communicate an actual threat of violence toward a reasonably identifiable victim before a duty to warn is triggered. The course explores the landmark Tarasoff precedent, state variations in duty-to-warn statutes, and recent legal decisions that clarify the limits of clinician liability. Participants will learn how to recognize circumstances that may trigger a duty to warn or protect, how courts evaluate identifiable victims, and how these legal obligations interact with confidentiality and ethical responsibilities in behavioral health practice. This course is appropriate for beginning, intermediate, and advanced-level practitioners who wish to learn more about the duty to warn. It is also a good resource for licensed therapists who need continuing education in ethics for license renewal. Authors: Balash, Means, & Piel and Ruutiainen & Northrop, Learning Objectives: This course will provide a professional with detailed information about the duty to warn. Specifically, the practitioner will: Describe the legal concept of the duty to warn and its origins in the Tarasoff decision. Explain the requirement that a patient communicate a specific threat toward a reasonably identifiable victim before the duty to warn is triggered in many jurisdictions. Identify clinical and legal considerations mental health professionals must evaluate when determining whether a duty to warn or protect may apply. Citations: Balash, J., Means, J., & Piel, J. (2022). Duty to warn and actual communication. Journal of the American Academy of Psychiatry and the Law, 50(4), 646-648. https://doi.org/10.29158/JAAPL.220087-22 and Ruutiainen, T., & Northrop, J. (2021). Defining the scope of duty to warn readily identifiable individuals. Journal of the American Academy of Psychiatry and the Law, 49(2), 265-266. https://doi.org/10.29158/JAAPL.210042-21