AB671,3,2524 448.03 (5) (b) No physician shall be is liable for any civil damages for either of
25the following:
AB671,4,4
11. Reporting in good faith to the department of transportation under s. 146.82
2(3) (a) a patient's name and other information relevant to a physical or mental
3condition of the patient which that in the physician's judgment impairs the patient's
4ability to exercise reasonable and ordinary control over a motor vehicle.
AB671,4,85 2. In good faith, not reporting to the department of transportation under s.
6146.82 (3) (a) a patient's name and other information relevant to a physical or mental
7condition of the patient which that in the physician's judgment does not impair the
8patient's ability to exercise reasonable and ordinary control over a motor vehicle.
AB671, s. 7 9Section 7. 449.20 of the statutes is amended to read:
AB671,4,11 10449.20 Civil immunity. No optometrist shall be is liable for any civil damages
11for either of the following:
AB671,4,15 12(1) Reporting in good faith to the department of transportation under s. 146.82
13(3) (b) a patient's name and other information relevant to the vision of the patient
14which that in the optometrist's judgment impairs the patient's ability to exercise
15reasonable and ordinary control over a motor vehicle.
AB671,4,19 16(2) In good faith, not reporting to the department of transportation under s.
17146.82 (3) (b) a patient's name and other information relevant to the vision of the
18patient which that in the optometrist's judgment does not impair the patient's ability
19to exercise reasonable and ordinary control over a motor vehicle.
AB671, s. 8 20Section 8. 885.205 (4) of the statutes is created to read:
AB671,4,2221 885.205 (4) This prohibition does not include communications that a therapist,
22as defined in s. 895.475 (1), discloses under s. 895.475.
AB671, s. 9 23Section 9. 895.475 of the statutes is created to read:
AB671,5,5 24895.475 Civil liability exemption; therapists. (1) In this section,
25"therapist" means a physician, psychologist, social worker, nurse, chemical

1dependency counselor or other person, whether or not licensed by the state, who
2provides treatment to any person who may be drug dependent, as defined in s. 51.01
3(8), or who may have alcoholism, a developmental disability or mental illness, as
4defined in s. 51.01 (1m), (5) and (13), if that person is not prohibited by law from
5providing that treatment.
AB671,5,8 6(2) A therapist is immune from civil liability for injuries to persons, other than
7the patient, resulting from the therapist's failure to warn of or take precautions to
8provide protection from a patient's behavior unless one of the following occurs:
AB671,5,109 (a) The patient has communicated to the therapist a threat of physical harm
10against a clearly identified or readily identifiable victim.
AB671,5,1311 (b) The therapist makes a determination that is reasonable under the
12circumstances that the patient evidences a substantial probability of physical harm
13to other individuals as described in s. 51.20 (1) (a) 2. b.
AB671,5,18 14(3) A therapist is immune from civil liability for injuries to persons, other than
15the patient, if, after the patient communicates a threat of physical harm against a
16clearly identified or readily identifiable victim, the therapist takes one or more of the
17following courses of action and the decision to take that action and the action taken
18are reasonable under the circumstances:
AB671,5,2019 (a) Makes efforts to communicate the threat and other relevant information to
20the intended victim.
AB671,5,2321 (b) Communicates the threat and other relevant information to the law
22enforcement agency, as defined in s. 165.83 (1) (b), of the jurisdiction where the
23patient or intended victim resides or is physically present.
AB671,6,224 (c) Takes steps to obtain emergency detention of the patient under s. 51.15,
25involuntary commitment of the patient under s. 51.20, protective custody of the

1patient under s. 51.45 (11) or emergency protective placement of the patient under
2s. 55.06 (11).
AB671,6,53 (d) Secures voluntary admission of the patient to an inpatient facility, as
4defined in s. 51.01 (10), and communicates the threat and other relevant information
5to the treatment director, as defined in s. 51.01 (18), or his or her designee.
AB671,6,86 (e) Formulates a diagnostic impression and establishes and undertakes a
7documented treatment plan calculated to eliminate the possibility that the patient
8will carry out the threat.
AB671,6,14 9(4) A therapist is immune from civil liability for injuries to persons, other than
10the patient, if, after the therapist determines that the patient evidences a
11substantial probability of physical harm to other individuals, as described in s. 51.20
12(1) (a) 2. b., the therapist takes one or more of the following courses of action and the
13decision to take that action and the action taken are reasonable under the
14circumstances:
AB671,6,1715 (a) Communicates information regarding the patient's substantial probability
16of physical harm to other individuals to the law enforcement agency, as defined in
17s. 165.83 (1) (b), of the jurisdiction where the patient resides or is physically present.
AB671,6,2118 (b) Takes steps to obtain emergency detention of the patient under s. 51.15,
19involuntary commitment of the patient under s. 51.20, protective custody of the
20patient under s. 51.45 (11) or emergency protective placement of the patient under
21s. 55.06 (11).
AB671,7,222 (c) Secures voluntary admission of the patient to an inpatient facility, as
23defined in s. 51.01 (10) and communicates information regarding the patient's
24substantial probability of physical harm to other individuals and other relevant

1information to the treatment director, as defined in s. 51.01 (18), or his or her
2designee.
AB671,7,53 (d) Formulates a diagnostic impression and establishes and undertakes a
4documented treatment plan calculated to eliminate the possibility that the patient
5will cause physical harm to other individuals.
AB671, s. 10 6Section 10. 905.04 (4) (j) of the statutes is created to read:
AB671,7,97 905.04 (4) (j) Proceeding related to disclosure of patient's threat or probability
8of harm.
There is no privilege as to communications relevant to proceedings
9resulting from a disclosure under s. 895.475.
AB671, s. 11 10Section 11. Initial applicability.
AB671,7,13 11(1)  This act first applies to a patient's threat of physical violence or evidence
12of a substantial probability of physical violence to others occurring on the effective
13date of this subsection.
AB671,7,1414 (End)
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