Article Figures & Data
Tables
Language Prior to 2019 Language in effect after June 1, 2019 The psychiatrist may disclose patient communications to the extent necessary to warn any potential victim or to communicate the threat to a law enforcement agency. No civil or criminal action shall be instituted, and there shall be no liability on account of disclosure of otherwise confidential communications by a psychiatrist in disclosing a threat pursuant to this section. (2) Such patient has communicated to the psychiatrist a specific threat to cause serious bodily injury or death to an identified or a readily available person; and
(3) The treating psychiatrist makes a clinical judgment that the patient has the apparent intent and ability to imminently or immediately carry out such threat, the psychiatrist may disclose patient communications to the extent necessary to warn any potential victim and must disclose patient communications to the extent necessary to communicate the threat to a law enforcement agency.From References 19 and 20. Similar language for other mental health care practitioners is codified in different regulator statute sections.
Question Total n = 129 Police n = 91 Sheriff n = 29 911 n = 9 p 1 Agency has a policy and/or procedure on what to do if a mental health provider calls in expressing concern about a patient making a threat towards others but not a threat towards themselves. 107 (82.9) 74 (81.3) 26 (89.6) 7 (77.8) .532 1a This policy or procedure is the same as if the patient was expressing a threat to harm just themselves. 88 (68.2) 65 (71.4) 19 (65.5) 4 (44.4) .180 2 The information is disseminated to the general law enforcement officers on duty if a warning is received. 119 (92.3) 85 (93.4) 26 (89.6) 8 (88.9) .746 2a The warning is transmitted to the next shift within a 24-hour period. 112 (86.8) 80 (87.9) 25 (86.2) 7 (77.8) .867 2b The warning is disseminated to a specific unit or active officer. 8 (6.2) 4 (4.4) 3 (10.3) 1 (11.1) .643 3 Agency has a policy or procedure to notify a potential victim if a specific victim is identifiable. 115 (89.1) 82 (90.1) 24 (82.7) 9 (100.0) .300 4 Agency has a policy or procedure to notify a locational authority (e.g., management) if no specific individual is threatened but a general location is identified in a threat (e.g., workplace, school, entertainment venue). 118 (91.4) 81 (89.0) 28 (96.5) 9 (100.0) .634 5 Agency has a policy or procedure to monitor a potential victim if a specific individual is identified. 77 (59.6) 54 (59.3) 16 (55.2) 7 (77.8) .478 6 Agency has a policy or procedure to monitor a potential location if a specific location is identified. 104 (80.6) 74 (81.3) 22 (75.9) 8 (88.9) .848 7. Agency has a policy or procedure to document a warning call from a mental health provider. 116 (89.9) 82 (90.1) 27 (93.1) 7 (77.8) .408 8. Agency has a policy or procedure to notify a state body for additional action or information tracking purposes when a mental health provider calls (e.g., the Florida Department of Law Enforcement). 38 (29.5) 28 (30.7) 8 (27.6) 2 (25.0) .404 9. Officer responding to this survey has knowledge or education regarding the court case/ruling known as Tarasoff. 56 (43.4) 37 (40.6) 17 (58.6) 2 (22.2) .002* 9a. Officer has a good functional/working understanding of the Tarasoff case. 48 (37.2) 32 (35.2) 15 (51.7) 1 (11.1) .335 Data are presented as n (%).
↵* p < .05.
- Table 3
Frequency of Receiving a Tarasoff Warning From a Mental Health Provider by Florida Law Enforcement Agencies
Question 10 Total n = 74 Police n = 58 Sheriff n = 13 911 n = 3 p How many times in the last year agency received a warning from a mental health provider regarding a patient threatening other(s). 2.8 ± 7.2 1.7 ± 4.7 6.5 ± 13.6 6.7 ± 4.2 .058 Data are presented as mean ± SD.
Question Comments 1 Agency has a policy and/or procedure on what to do if a mental health provider calls in expressing concern about a patient making a threat towards others but not a threat towards themselves. “Our PD does not have a specific policy regarding a mental health provider calling. However, a threat is a crime and handled as such through other policies/procedures. This could be handled as a Baker Act situation and/or criminal in nature, due to the threat made.” “While our PD doesn't specifically address a mental health provider's calling in regarding concerns about a patient who may be making threats towards others, it does provide general guidelines that would apply in such a scenario.”“Handling on case by case basis reviewed by Sheriff and staff.” (Sheriff's office) 1a This policy or procedure is the same as if the patient was expressing a threat to harm just themselves. “Our Baker Act policy is separate stand-alone policy. Threats against oneself are addressed under that policy.” (PD) 2 The information is disseminated to the general law enforcement officers on duty if a warning is received. “Yes, it would be disseminated through internal be-on-the-lookout (BOLO) bulletins and messaging systems. It would also be provided to the Intelligence Unit.” (Sheriff's office)“Dependent on the nature of the threat and the ability of the subject to carry out the threat.” (Sheriff's office) 2a The warning is transmitted to the next shift within a 24-hour period. No comments 2b The warning is disseminated to a specific unit or active officer. No comments 3 Agency has a policy or procedure to notify a potential victim if a specific victim is identifiable. “The policy doesn't specifically address that set of circumstances; however, our practices have always been to forward such information to a patrol deputy or Intelligence Unit detective for follow-up. Contact would be made with the potential victim.” (Sheriff's office)“Dependent on the nature of the threat and the ability of the subject to carry out the threat.” (Sheriff's office) 4 Agency has a policy or procedure to notify a locational authority (e.g., management) if no specific individual is threatened but a general location is identified in a threat (e.g., workplace, school, entertainment venue). No comments 5 Agency has a policy or procedure to monitor a potential victim if a specific individual is identified. “That decision is made on a case-by-case basis, depending largely upon what information we have at the time and what is considered to be in the best interest of a potential victim.” (Sheriff's office) 6 Agency has a policy or procedure to monitor a potential location if a specific location is identified. “That decision is made on a case-by-case basis, depending largely upon what information we have at the time.” (Sheriff's office)“Depends” (Sheriff's office) 7. Agency has a policy or procedure to document a warning call from a mental health provider. “All cases are documented in our computer-aided dispatch system.” (Sheriff's office) 8. Agency has a policy or procedure to notify a state body for additional action or information tracking purposes when a mental health provider calls (e.g., the Florida Department of Law Enforcement). “Dependent upon the type of threat and potential for carrying out same … situational awareness would be disseminated to the PD within the region.” (PD)“That would be determined on a case-by-case basis.” (Sheriff's office)“Depends on the threat and credibility.” (PD)“Depends” (Sheriff's office) 9. Officer responding to this survey has knowledge or education regarding the court case/ruling known as Tarasoff. No comments 9a. Officer has a good functional/working understanding of the Tarasoff case. No comments 10. How many times in the last year agency received a warning from a mental health provider regarding a patient threatening other(s). “Seven cases approximately, we do not keep specific statistics on these cases. It includes two threats that came in from mental health providers for school students.” (Sheriff's office)“No easy way to distinguish.” (PD)“Unknown” (Sheriff's office) PD = police department.
