HomeMy WebLinkAboutMINUTES - 03131984 - 1.24 TO: BOARD OF SUPERVISORS
Contra
FROM: M. G. Wingett, County Administrator
Costa
DATE: March 6, 1984 County
SUBJECT: Legislation: AB 2900 (McAlister)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in support of AB 2900.
BACKGROUND:
Existing law provides that certain professionals are immune from monetary liability
or a cause of action for damages suffered by a person as a result of specified
actions performed in the course of the professional 's duties. However, case law
has held that a psychiatrist may be liable for negligently failing to protect a
person when a patient presents a serious danger to that person.
This bill would provide for immunity from liability, as against all foreseeable victims,
for a psychologist or psychiatrist who fails to warn or predict and warn of a
patient's threatened violent behavior, except where the patient has communicated to
the psychologist or psychiatrist an actual threat of violence against an identifiable
victim and the psychologist or psychiatrist has actual knowledge that the patient has
a history of dangerous or violent behavior. This bill would further provide that
if a duty to warn does exist, it would be discharged by communication of the threat
by the psychologist or psychiatrist to the identified victim or a local law enforce-
ment agency.
County Counsel notes that the County is significantly exposed under existing law and
recommends that the County strongly support AB 2900.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON MarcAPPROVED AS'RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT -- ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISO ON THE DATE SHOWN.
Acting Health Svcs. Director
CC: County Counsel ATTESTED , Z 92
1f
Legis. Delegation J.R. OLSSON, COUNTY CLERK
Assemblyman Alister McAlister AND EX OFFICIO CLERK OF TIE SQA'T
Assemblyman Elihu Harris ((�'JJ��UU tj
M382/7-B9 CSAC BY ' DEPUTY