{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2400.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2400.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2400.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2400.1.html"}],"law_id":69157,"edition_id":1,"section_id":69157,"structure_id":14778,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","history":"1994, c. 958; 1997, c. 901; 2005, c. 716; 2010, cc. 778, 825; 2017, cc. 61, 417, 418, 426; 2018, cc. 171, 803; 2019, cc. 101, 217.","full_text":"A\n\nAs used in this section:\n\t\t\t“Certified substance abuse counselor” means a person certified to provide substance abuse counseling in a state-approved public or private substance abuse program or facility.\n\t\t\t“Client” or “patient” means any person who is voluntarily or involuntarily receiving mental health services or substance abuse services from any mental health service provider.\n\t\t\t“Clinical psychologist” means a person who practices clinical psychology as defined in § 54.1-3600.\n\t\t\t“Clinical social worker” means a person who practices social work as defined in § 54.1-3700.\n\t\t\t“Licensed practical nurse” means a person licensed to practice practical nursing as defined in § 54.1-3000.\n\t\t\t“Licensed substance abuse treatment practitioner” means any person licensed to engage in the practice of substance abuse treatment as defined in § 54.1-3500.\n\t\t\t“Marriage and family therapist” means a person licensed to engage in the practice of marriage and family therapy as defined in § 54.1-3500.\n\t\t\t“Mental health professional” means a person who by education and experience is professionally qualified and licensed in Virginia to provide counseling interventions designed to facilitate an individual’s achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses which interfere with mental health and development.\n\t\t\t“Mental health service provider” or “provider” refers to any of the following: (i) a person who provides professional services as a certified substance abuse counselor, clinical psychologist, clinical social worker, licensed substance abuse treatment practitioner, licensed practical nurse, marriage and family therapist, mental health professional, physician, physician assistant, professional counselor, psychologist, qualified mental health professional, registered nurse, registered peer recovery specialist, school psychologist, or social worker; (ii) a professional corporation, all of whose shareholders or members are so licensed; or (iii) a partnership, all of whose partners are so licensed.\n\t\t\t“Professional counselor” means a person who practices counseling as defined in § 54.1-3500.\n\t\t\t“Psychologist” means a person who practices psychology as defined in § 54.1-3600.\n\t\t\t“Qualified mental health professional” has the same meaning as provided in § 54.1-3500.\n\t\t\t“Registered nurse” means a person licensed to practice professional nursing as defined in § 54.1-3000.\n\t\t\t“Registered peer recovery specialist” means a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. A registered peer recovery specialist shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, a provider licensed by the Department of Behavioral Health and Developmental Services, a practitioner licensed by or holding a permit issued from the Department of Health Professions, or a facility licensed by the Department of Health.\n\t\t\t“School psychologist” means a person who practices school psychology as defined in § 54.1-3600.\n\t\t\t“Social worker” means a person who practices social work as defined in § 54.1-3700.B\n\nA mental health service provider has a duty to take precautions to protect third parties from violent behavior or other serious harm only when the client has orally, in writing, or via sign language, communicated to the provider a specific and immediate threat to cause serious bodily injury or death to an identified or readily identifiable person or persons, if the provider reasonably believes, or should believe according to the standards of his profession, that the client has the intent and ability to carry out that threat immediately or imminently. If the third party is a child, in addition to taking precautions to protect the child from the behaviors in the above types of threats, the provider also has a duty to take precautions to protect the child if the client threatens to engage in behaviors that would constitute physical abuse or sexual abuse as defined in § 18.2-67.10. The duty to protect does not attach unless the threat has been communicated to the provider by the threatening client while the provider is engaged in his professional duties.C\n\nThe duty set forth in subsection B is discharged by a mental health service provider who takes one or more of the following actions:1\n\nSeeks involuntary admission of the client under Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.2\n\nMakes reasonable attempts to warn the potential victims or the parent or guardian of the potential victim if the potential victim is under the age of 18.3\n\nMakes reasonable efforts to notify a law-enforcement official having jurisdiction in the client’s or potential victim’s place of residence or place of work, or place of work of the parent or guardian if the potential victim is under age 18, or both.4\n\nTakes steps reasonably available to the provider to prevent the client from using physical violence or other means of harm to others until the appropriate law-enforcement agency can be summoned and takes custody of the client.5\n\nProvides therapy or counseling to the client or patient in the session in which the threat has been communicated until the mental health service provider reasonably believes that the client no longer has the intent or the ability to carry out the threat.6\n\nIn the case of a registered peer recovery specialist, or a qualified mental health professional who is not otherwise licensed by a health regulatory board at the Department of Health Professions, reports immediately to a licensed mental health service provider to take one or more of the actions set forth in this subsection.D\n\nA mental health service provider shall not be held civilly liable to any person for:1\n\nBreaching confidentiality with the limited purpose of protecting third parties by communicating the threats described in subsection B made by his clients to potential third party victims or law-enforcement agencies or by taking any of the actions specified in subsection C.2\n\nFailing to predict, in the absence of a threat described in subsection B, that the client would cause the third party serious physical harm.3\n\nFailing to take precautions other than those enumerated in subsection C to protect a potential third party victim from the client’s violent behavior.","order_by":null,"text":{"0":{"id":250249,"text":"As used in this section:\n\t\t\t“Certified substance abuse counselor” means a person certified to provide substance abuse counseling in a state-approved public or private substance abuse program or facility.\n\t\t\t“Client” or “patient” means any person who is voluntarily or involuntarily receiving mental health services or substance abuse services from any mental health service provider.\n\t\t\t“Clinical psychologist” means a person who practices clinical psychology as defined in § 54.1-3600.\n\t\t\t“Clinical social worker” means a person who practices social work as defined in § 54.1-3700.\n\t\t\t“Licensed practical nurse” means a person licensed to practice practical nursing as defined in § 54.1-3000.\n\t\t\t“Licensed substance abuse treatment practitioner” means any person licensed to engage in the practice of substance abuse treatment as defined in § 54.1-3500.\n\t\t\t“Marriage and family therapist” means a person licensed to engage in the practice of marriage and family therapy as defined in § 54.1-3500.\n\t\t\t“Mental health professional” means a person who by education and experience is professionally qualified and licensed in Virginia to provide counseling interventions designed to facilitate an individual’s achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses which interfere with mental health and development.\n\t\t\t“Mental health service provider” or “provider” refers to any of the following: (i) a person who provides professional services as a certified substance abuse counselor, clinical psychologist, clinical social worker, licensed substance abuse treatment practitioner, licensed practical nurse, marriage and family therapist, mental health professional, physician, physician assistant, professional counselor, psychologist, qualified mental health professional, registered nurse, registered peer recovery specialist, school psychologist, or social worker; (ii) a professional corporation, all of whose shareholders or members are so licensed; or (iii) a partnership, all of whose partners are so licensed.\n\t\t\t“Professional counselor” means a person who practices counseling as defined in § 54.1-3500.\n\t\t\t“Psychologist” means a person who practices psychology as defined in § 54.1-3600.\n\t\t\t“Qualified mental health professional” has the same meaning as provided in § 54.1-3500.\n\t\t\t“Registered nurse” means a person licensed to practice professional nursing as defined in § 54.1-3000.\n\t\t\t“Registered peer recovery specialist” means a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. A registered peer recovery specialist shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, a provider licensed by the Department of Behavioral Health and Developmental Services, a practitioner licensed by or holding a permit issued from the Department of Health Professions, or a facility licensed by the Department of Health.\n\t\t\t“School psychologist” means a person who practices school psychology as defined in § 54.1-3600.\n\t\t\t“Social worker” means a person who practices social work as defined in § 54.1-3700.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250250,"text":"A mental health service provider has a duty to take precautions to protect third parties from violent behavior or other serious harm only when the client has orally, in writing, or via sign language, communicated to the provider a specific and immediate threat to cause serious bodily injury or death to an identified or readily identifiable person or persons, if the provider reasonably believes, or should believe according to the standards of his profession, that the client has the intent and ability to carry out that threat immediately or imminently. If the third party is a child, in addition to taking precautions to protect the child from the behaviors in the above types of threats, the provider also has a duty to take precautions to protect the child if the client threatens to engage in behaviors that would constitute physical abuse or sexual abuse as defined in § 18.2-67.10. The duty to protect does not attach unless the threat has been communicated to the provider by the threatening client while the provider is engaged in his professional duties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250251,"text":"The duty set forth in subsection B is discharged by a mental health service provider who takes one or more of the following actions:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":250252,"text":"Seeks involuntary admission of the client under Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":250253,"text":"Makes reasonable attempts to warn the potential victims or the parent or guardian of the potential victim if the potential victim is under the age of 18.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":250254,"text":"Makes reasonable efforts to notify a law-enforcement official having jurisdiction in the client’s or potential victim’s place of residence or place of work, or place of work of the parent or guardian if the potential victim is under age 18, or both.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":250255,"text":"Takes steps reasonably available to the provider to prevent the client from using physical violence or other means of harm to others until the appropriate law-enforcement agency can be summoned and takes custody of the client.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":250256,"text":"Provides therapy or counseling to the client or patient in the session in which the threat has been communicated until the mental health service provider reasonably believes that the client no longer has the intent or the ability to carry out the threat.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":250257,"text":"In the case of a registered peer recovery specialist, or a qualified mental health professional who is not otherwise licensed by a health regulatory board at the Department of Health Professions, reports immediately to a licensed mental health service provider to take one or more of the actions set forth in this subsection.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"9":{"id":250258,"text":"A mental health service provider shall not be held civilly liable to any person for:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"D1"},"10":{"id":250259,"text":"Breaching confidentiality with the limited purpose of protecting third parties by communicating the threats described in subsection B made by his clients to potential third party victims or law-enforcement agencies or by taking any of the actions specified in subsection C.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"11":{"id":250260,"text":"Failing to predict, in the absence of a threat described in subsection B, that the client would cause the third party serious physical harm.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"12":{"id":250261,"text":"Failing to take precautions other than those enumerated in subsection C to protect a potential third party victim from the client’s violent behavior.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":14778,"edition_id":1,"name":"General Provisions","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:49:51","date_modified":"2026-06-26 03:49:51","permalink":{"id":241107,"object_type":"structure","relational_id":14778,"identifier":"24","token":"54.1\/III\/24","url":"\/54.1\/III\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65440,"structure_id":14778,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","url":"\/54.1-2400\/","token":"54.1\/III\/24\/54.1-2400","metadata":false},{"id":83001,"structure_id":14778,"section_number":"54.1-2400.01","catch_line":"Certain definition","url":"\/54.1-2400.01\/","token":"54.1\/III\/24\/54.1-2400.01","metadata":false},{"id":72970,"structure_id":14778,"section_number":"54.1-2400.01:1","catch_line":"Surgery defined; who may perform surgery","url":"\/54.1-2400.01_1\/","token":"54.1\/III\/24\/54.1-2400.01_1","metadata":false},{"id":57686,"structure_id":14778,"section_number":"54.1-2400.01:2","catch_line":"Ophthalmic prescription defined; who may provide ophthalmic prescriptions","url":"\/54.1-2400.01_2\/","token":"54.1\/III\/24\/54.1-2400.01_2","metadata":false},{"id":63751,"structure_id":14778,"section_number":"54.1-2400.02","catch_line":"Information concerning health professionals; posting of addresses on the Internet; providing personal information under certain circumstances prohibited; collection of address information from health professionals","url":"\/54.1-2400.02\/","token":"54.1\/III\/24\/54.1-2400.02","metadata":false},{"id":64184,"structure_id":14778,"section_number":"54.1-2400.03","catch_line":"Health regulatory boards to report information concerning health professionals to the Department of Health; Eligible Health Care Provider Reserve Directory","url":"\/54.1-2400.03\/","token":"54.1\/III\/24\/54.1-2400.03","metadata":false},{"id":69157,"structure_id":14778,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","url":"\/54.1-2400.1\/","token":"54.1\/III\/24\/54.1-2400.1","metadata":false},{"id":63038,"structure_id":14778,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","url":"\/54.1-2400.2\/","token":"54.1\/III\/24\/54.1-2400.2","metadata":false},{"id":87116,"structure_id":14778,"section_number":"54.1-2400.3","catch_line":"Disciplinary actions to be reported","url":"\/54.1-2400.3\/","token":"54.1\/III\/24\/54.1-2400.3","metadata":false},{"id":64053,"structure_id":14778,"section_number":"54.1-2400.4","catch_line":"Mental health service providers duty to inform; immunity; civil penalty","url":"\/54.1-2400.4\/","token":"54.1\/III\/24\/54.1-2400.4","metadata":false},{"id":56556,"structure_id":14778,"section_number":"54.1-2400.5","catch_line":"Repealed","url":"\/54.1-2400.5\/","token":"54.1\/III\/24\/54.1-2400.5","metadata":false},{"id":58137,"structure_id":14778,"section_number":"54.1-2400.6","catch_line":"Hospitals, other health care institutions, home health and hospice organizations, and assisted living facilities required to report disciplinary actions against and certain disorders of health professionals; immunity from liability; failure to report","url":"\/54.1-2400.6\/","token":"54.1\/III\/24\/54.1-2400.6","metadata":false},{"id":61914,"structure_id":14778,"section_number":"54.1-2400.7","catch_line":"Practitioners treating other practitioners for certain disorders to make reports; immunity from liability","url":"\/54.1-2400.7\/","token":"54.1\/III\/24\/54.1-2400.7","metadata":false},{"id":72426,"structure_id":14778,"section_number":"54.1-2400.8","catch_line":"Immunity for reporting","url":"\/54.1-2400.8\/","token":"54.1\/III\/24\/54.1-2400.8","metadata":false},{"id":66286,"structure_id":14778,"section_number":"54.1-2400.9","catch_line":"Reporting disabilities of drivers","url":"\/54.1-2400.9\/","token":"54.1\/III\/24\/54.1-2400.9","metadata":false},{"id":81191,"structure_id":14778,"section_number":"54.1-2401","catch_line":"Monetary penalty","url":"\/54.1-2401\/","token":"54.1\/III\/24\/54.1-2401","metadata":false},{"id":58836,"structure_id":14778,"section_number":"54.1-2402","catch_line":"Citizen members on health regulatory boards","url":"\/54.1-2402\/","token":"54.1\/III\/24\/54.1-2402","metadata":false},{"id":59518,"structure_id":14778,"section_number":"54.1-2402.1","catch_line":"Appointments, removals, and limitation of terms of members of regulatory boards","url":"\/54.1-2402.1\/","token":"54.1\/III\/24\/54.1-2402.1","metadata":false},{"id":62497,"structure_id":14778,"section_number":"54.1-2403","catch_line":"Certain advertising prohibited","url":"\/54.1-2403\/","token":"54.1\/III\/24\/54.1-2403","metadata":false},{"id":81381,"structure_id":14778,"section_number":"54.1-2403.01","catch_line":"Routine component of prenatal care","url":"\/54.1-2403.01\/","token":"54.1\/III\/24\/54.1-2403.01","metadata":false},{"id":65605,"structure_id":14778,"section_number":"54.1-2403.02","catch_line":"Prenatal education; cord blood banking","url":"\/54.1-2403.02\/","token":"54.1\/III\/24\/54.1-2403.02","metadata":false},{"id":83187,"structure_id":14778,"section_number":"54.1-2403.1","catch_line":"Protocol for certain medical history screening required","url":"\/54.1-2403.1\/","token":"54.1\/III\/24\/54.1-2403.1","metadata":false},{"id":62453,"structure_id":14778,"section_number":"54.1-2403.2","catch_line":"Record storage","url":"\/54.1-2403.2\/","token":"54.1\/III\/24\/54.1-2403.2","metadata":false},{"id":79452,"structure_id":14778,"section_number":"54.1-2403.3","catch_line":"Medical records; ownership; provision of copies","url":"\/54.1-2403.3\/","token":"54.1\/III\/24\/54.1-2403.3","metadata":false},{"id":59177,"structure_id":14778,"section_number":"54.1-2404","catch_line":"Itemized statements required upon request","url":"\/54.1-2404\/","token":"54.1\/III\/24\/54.1-2404","metadata":false},{"id":75820,"structure_id":14778,"section_number":"54.1-2404.1","catch_line":"Patient records","url":"\/54.1-2404.1\/","token":"54.1\/III\/24\/54.1-2404.1","metadata":false},{"id":77933,"structure_id":14778,"section_number":"54.1-2404.2","catch_line":"Health care providers; disclosure of records; actions for which an authorization is not required","url":"\/54.1-2404.2\/","token":"54.1\/III\/24\/54.1-2404.2","metadata":false},{"id":74920,"structure_id":14778,"section_number":"54.1-2405","catch_line":"Transfer of patient records in conjunction with closure, sale, or relocation of practice; notice required","url":"\/54.1-2405\/","token":"54.1\/III\/24\/54.1-2405","metadata":false},{"id":58800,"structure_id":14778,"section_number":"54.1-2406","catch_line":"Treatment records of practitioners","url":"\/54.1-2406\/","token":"54.1\/III\/24\/54.1-2406","metadata":false},{"id":73269,"structure_id":14778,"section_number":"54.1-2407","catch_line":"Requirements for human research","url":"\/54.1-2407\/","token":"54.1\/III\/24\/54.1-2407","metadata":false},{"id":65565,"structure_id":14778,"section_number":"54.1-2408","catch_line":"Disqualification for license, certificate or registration","url":"\/54.1-2408\/","token":"54.1\/III\/24\/54.1-2408","metadata":false},{"id":62891,"structure_id":14778,"section_number":"54.1-2408.01","catch_line":"Prior convictions not to abridge rights","url":"\/54.1-2408.01\/","token":"54.1\/III\/24\/54.1-2408.01","metadata":false},{"id":74983,"structure_id":14778,"section_number":"54.1-2408.1","catch_line":"Summary action against licenses, certificates, registrations, or multistate licensure privilege; allegations to be in writing","url":"\/54.1-2408.1\/","token":"54.1\/III\/24\/54.1-2408.1","metadata":false},{"id":75296,"structure_id":14778,"section_number":"54.1-2408.2","catch_line":"Minimum period for reinstatement after revocation","url":"\/54.1-2408.2\/","token":"54.1\/III\/24\/54.1-2408.2","metadata":false},{"id":64692,"structure_id":14778,"section_number":"54.1-2408.3","catch_line":"Practice pending appeal","url":"\/54.1-2408.3\/","token":"54.1\/III\/24\/54.1-2408.3","metadata":false},{"id":70912,"structure_id":14778,"section_number":"54.1-2408.4","catch_line":"Temporary authorization to practice","url":"\/54.1-2408.4\/","token":"54.1\/III\/24\/54.1-2408.4","metadata":false},{"id":74205,"structure_id":14778,"section_number":"54.1-2409","catch_line":"Mandatory suspension or revocation; reinstatement; hearing for reinstatement","url":"\/54.1-2409\/","token":"54.1\/III\/24\/54.1-2409","metadata":false},{"id":60525,"structure_id":14778,"section_number":"54.1-2409.1","catch_line":"Criminal penalties for practicing certain professions and occupations without appropriate licensure, certificate, etc","url":"\/54.1-2409.1\/","token":"54.1\/III\/24\/54.1-2409.1","metadata":false},{"id":85564,"structure_id":14778,"section_number":"54.1-2409.1:1","catch_line":"Interjurisdictional compacts; criminal history record checks","url":"\/54.1-2409.1_1\/","token":"54.1\/III\/24\/54.1-2409.1_1","metadata":false},{"id":61737,"structure_id":14778,"section_number":"54.1-2409.2","catch_line":"Repealed","url":"\/54.1-2409.2\/","token":"54.1\/III\/24\/54.1-2409.2","metadata":false},{"id":75305,"structure_id":14778,"section_number":"54.1-2409.3","catch_line":"Participation of advisory boards in disciplinary proceedings","url":"\/54.1-2409.3\/","token":"54.1\/III\/24\/54.1-2409.3","metadata":false},{"id":69480,"structure_id":14778,"section_number":"54.1-2409.4","catch_line":"Authority to receive laboratory results directly","url":"\/54.1-2409.4\/","token":"54.1\/III\/24\/54.1-2409.4","metadata":false},{"id":76039,"structure_id":14778,"section_number":"54.1-2409.5","catch_line":"Conversion therapy prohibited","url":"\/54.1-2409.5\/","token":"54.1\/III\/24\/54.1-2409.5","metadata":false},{"id":57334,"structure_id":14778,"section_number":"54.1-2409.6","catch_line":"Recommendation for Continuing education for certain licensees","url":"\/54.1-2409.6\/","token":"54.1\/III\/24\/54.1-2409.6","metadata":false}],"previous_section":{"id":64184,"structure_id":14778,"section_number":"54.1-2400.03","catch_line":"Health regulatory boards to report information concerning health professionals to the Department of Health; Eligible Health Care Provider Reserve Directory","url":"\/54.1-2400.03\/","token":"54.1\/III\/24\/54.1-2400.03","metadata":false},"next_section":{"id":63038,"structure_id":14778,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","url":"\/54.1-2400.2\/","token":"54.1\/III\/24\/54.1-2400.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2400.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 958<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 901<\/a>; in 2005, chapter 716<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2017, chapters 61<\/a>, 417<\/a>, 418<\/a>, and 426<\/a>; in 2018, chapters 171<\/a> and 803<\/a>; in 2019, chapters 101<\/a> and 217<\/a>.<\/p>","references":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":85052,"section_number":"36-96.3:1","catch_line":"Rights and responsibilities with respect to the use of an assistance animal in a dwelling","order_by":null,"url":"\/36-96.3_1\/"},{"id":66411,"section_number":"38.2-3407.10:1","catch_line":"Processing of new provider applications and reimbursement for services rendered during pendency of a participating provider's credentialing application","order_by":null,"url":"\/38.2-3407.10_1\/"},{"id":60777,"section_number":"53.1-39.2","catch_line":"Restorative housing; restrictions on use","order_by":null,"url":"\/53.1-39.2\/"},{"id":64053,"section_number":"54.1-2400.4","catch_line":"Mental health service providers duty to inform; immunity; civil penalty","order_by":null,"url":"\/54.1-2400.4\/"},{"id":62445,"section_number":"63.2-1606","catch_line":"Protection of aged or incapacitated adults; mandated and voluntary reporting","order_by":null,"url":"\/63.2-1606\/"},{"id":61210,"section_number":"9.1-193","catch_line":"Mental health awareness response and community understanding services (Marcus) alert system; law-enforcement protocols","order_by":null,"url":"\/9.1-193\/"}],"refers_to":[{"id":74549,"section_number":"16.1-335","catch_line":"Short title","order_by":null,"url":"\/16.1-335\/"},{"id":77985,"section_number":"18.2-67.10","catch_line":"General definitions","order_by":null,"url":"\/18.2-67.10\/"},{"id":76779,"section_number":"37.2-800","catch_line":"(Effective July 1, 2026). Applicability of chapter","order_by":null,"url":"\/37.2-800\/"},{"id":54819,"section_number":"54.1-3000","catch_line":"Definitions","order_by":null,"url":"\/54.1-3000\/"},{"id":54880,"section_number":"54.1-3500","catch_line":"Definitions","order_by":null,"url":"\/54.1-3500\/"},{"id":79319,"section_number":"54.1-3600","catch_line":"Definitions","order_by":null,"url":"\/54.1-3600\/"},{"id":68354,"section_number":"54.1-3700","catch_line":"Definitions","order_by":null,"url":"\/54.1-3700\/"}],"permalink":{"id":241133,"object_type":"law","relational_id":69157,"identifier":"54.1-2400.1","token":"54.1\/III\/24\/54.1-2400.1","url":"\/54.1-2400.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2400.1\/","token":"54.1\/III\/24\/54.1-2400.1","dublin_core":{"Title":"Mental health service providers; duty to protect third parties; immunity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2400.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Certified substance abuse counselor<\/span>” means a person certified to provide substance abuse counseling in a state-approved public or private substance abuse program or facility.\n\t\t\t“Client<\/span>” or “patient<\/span>” means any person who is voluntarily or involuntarily receiving mental health services or substance abuse services from any mental health service provider.\n\t\t\t“Clinical psychologist<\/span>” means a person who practices clinical psychology as defined in § 54.1-3600<\/a>.\n\t\t\t“Clinical social worker<\/span>” means a person who practices social work as defined in § 54.1-3700<\/a>.\n\t\t\t“Licensed practical nurse<\/span>” means a person licensed to practice practical nursing as defined in § 54.1-3000<\/a>.\n\t\t\t“Licensed substance abuse treatment<\/span> practitioner<\/span>” means any person licensed to engage in the practice of substance abuse treatment<\/span> as defined in § 54.1-3500<\/a>.\n\t\t\t“Marriage and family therapist<\/span>” means a person licensed to engage in the practice of marriage and family therapy as defined in § 54.1-3500<\/a>.\n\t\t\t“Mental health professional<\/span>” means a person who by education and experience is professionally qualified and licensed in Virginia to provide counseling interventions designed to facilitate an individual’s achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses which interfere with mental health and development.\n\t\t\t“Mental health service provider” or “provider” refers to any of the following: (i) a person who provides professional services as a certified substance abuse counselor<\/span>, clinical psychologist<\/span>, clinical social worker<\/span>, licensed substance abuse treatment<\/span> practitioner<\/span>, licensed practical nurse<\/span>, marriage and family therapist<\/span>, mental health professional<\/span>, physician, physician assistant, professional counselor<\/span>, psychologist, qualified mental health professional<\/span><\/span>, registered nurse<\/span>, registered peer recovery specialist<\/span>, school psychologist<\/span>, or social worker; (ii) a professional corporation, all of whose shareholders or members are so licensed; or (iii) a partnership, all of whose partners are so licensed.\n\t\t\t“Professional counselor<\/span>” means a person who practices counseling as defined in § 54.1-3500<\/a>.\n\t\t\t“Psychologist” means a person who practices psychology as defined in § 54.1-3600<\/a>.\n\t\t\t“Qualified mental health professional<\/span><\/span>” has the same meaning as provided in § 54.1-3500<\/a>.\n\t\t\t“Registered nurse<\/span>” means a person licensed to practice professional nursing as defined in § 54.1-3000<\/a>.\n\t\t\t“Registered peer recovery specialist<\/span>” means a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. A registered peer recovery specialist<\/span> shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, a provider licensed by the Department of Behavioral Health and Developmental Services, a practitioner licensed by or holding a permit issued from the Department of Health Professions, or a facility licensed by the Department of Health.\n\t\t\t“School psychologist<\/span>” means a person who practices school psychology as defined in § 54.1-3600<\/a>.\n\t\t\t“Social worker” means a person who practices social work as defined in § 54.1-3700<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A mental health service provider has a duty to take precautions to protect third parties from violent behavior or other serious harm only when the client<\/span> has orally, in writing, or via sign language, communicated to the provider a specific and immediate threat to cause serious bodily injury or death to an identified or readily identifiable person or persons, if the provider reasonably believes, or should believe according to the standards of his profession, that the client<\/span> has the intent<\/span> and ability to carry out that threat immediately or imminently. If the third party<\/span> is a child, in addition to taking precautions to protect the child from the behaviors in the above types of threats, the provider also has a duty to take precautions to protect the child if the client<\/span> threatens to engage in behaviors that would constitute physical abuse or sexual abuse as defined in § 18.2-67.10<\/a>. The duty to protect does not attach unless the threat has been communicated to the provider by the threatening client<\/span> while the provider is engaged in his professional duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The duty set forth in subsection B is discharged by a mental health service provider who takes one or more of the following actions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Seeks involuntary admission of the client<\/span> under Article 16 (§ 16.1-335<\/a> et seq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800<\/a> et seq.) of Title 37.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Makes reasonable attempts to warn the potential victims or the parent or guardian of the potential victim if the potential victim is under the age of 18. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Makes reasonable efforts to notify a law<\/span>-enforcement official having jurisdiction<\/span> in the client<\/span>’s or potential victim’s place of residence or place of work, or place of work of the parent or guardian if the potential victim is under age 18, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Takes steps reasonably available to the provider to prevent the client<\/span> from using physical violence or other means of harm to others until the appropriate law<\/span>-enforcement agency can be summoned and takes custody<\/span> of the client<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Provides therapy or counseling to the client<\/span> or patient<\/span> in the session in which the threat has been communicated until the mental health service provider reasonably believes that the client<\/span> no longer has the intent<\/span> or the ability to carry out the threat. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In the case of a registered peer recovery specialist<\/span>, or a qualified mental health professional<\/span><\/span> who is not otherwise licensed by a health regulatory board at the Department of Health Professions, reports immediately to a licensed mental health service provider to take one or more of the actions set forth in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A mental health service provider shall not be held civilly liable to any person for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Breaching confidentiality with the limited purpose of protecting third parties by communicating the threats described in subsection B made by his clients<\/span> to potential third party<\/span> victims or law<\/span>-enforcement agencies or by taking any of the actions specified in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Failing to predict, in the absence of a threat described in subsection B, that the client<\/span> would cause the third party<\/span> serious physical harm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Failing to take precautions other than those enumerated in subsection C to protect a potential third party<\/span> victim from the client<\/span>’s violent behavior. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMENTAL HEALTH SERVICE PROVIDERS; DUTY TO PROTECT THIRD PARTIES; IMMUNITY (\u00a7\n54.1-2400.1)\n\nA. As used in this section:\n\t\t\t“Certified substance abuse counselor” means a person certified to\nprovide substance abuse counseling in a state-approved public or private\nsubstance abuse program or facility.\n\t\t\t“Client” or “patient” means any person who is\nvoluntarily or involuntarily receiving mental health services or substance abuse\nservices from any mental health service provider.\n\t\t\t“Clinical psychologist” means a person who practices clinical\npsychology as defined in § 54.1-3600.\n\t\t\t“Clinical social worker” means a person who practices social work\nas defined in § 54.1-3700.\n\t\t\t“Licensed practical nurse” means a person licensed to practice\npractical nursing as defined in § 54.1-3000.\n\t\t\t“Licensed substance abuse treatment practitioner” means any\nperson licensed to engage in the practice of substance abuse treatment as\ndefined in § 54.1-3500.\n\t\t\t“Marriage and family therapist” means a person licensed to engage\nin the practice of marriage and family therapy as defined in § 54.1-3500.\n\t\t\t“Mental health professional” means a person who by education and\nexperience is professionally qualified and licensed in Virginia to provide\ncounseling interventions designed to facilitate an individual’s\nachievement of human development goals and remediate mental, emotional, or\nbehavioral disorders and associated distresses which interfere with mental\nhealth and development.\n\t\t\t“Mental health service provider” or “provider” refers\nto any of the following: (i) a person who provides professional services as a\ncertified substance abuse counselor, clinical psychologist, clinical social\nworker, licensed substance abuse treatment practitioner, licensed practical\nnurse, marriage and family therapist, mental health professional, physician,\nphysician assistant, professional counselor, psychologist, qualified mental\nhealth professional, registered nurse, registered peer recovery specialist,\nschool psychologist, or social worker; (ii) a professional corporation, all of\nwhose shareholders or members are so licensed; or (iii) a partnership, all of\nwhose partners are so licensed.\n\t\t\t“Professional counselor” means a person who practices counseling\nas defined in § 54.1-3500.\n\t\t\t“Psychologist” means a person who practices psychology as defined\nin § 54.1-3600.\n\t\t\t“Qualified mental health professional” has the same meaning as\nprovided in § 54.1-3500.\n\t\t\t“Registered nurse” means a person licensed to practice\nprofessional nursing as defined in § 54.1-3000.\n\t\t\t“Registered peer recovery specialist” means a person who by\neducation and experience is professionally qualified and registered by the Board\nof Counseling to provide collaborative services to assist individuals in\nachieving sustained recovery from the effects of addiction or mental illness, or\nboth. A registered peer recovery specialist shall provide such services as an\nemployee or independent contractor of the Department of Behavioral Health and\nDevelopmental Services, a provider licensed by the Department of Behavioral\nHealth and Developmental Services, a practitioner licensed by or holding a\npermit issued from the Department of Health Professions, or a facility licensed\nby the Department of Health.\n\t\t\t“School psychologist” means a person who practices school\npsychology as defined in § 54.1-3600.\n\t\t\t“Social worker” means a person who practices social work as\ndefined in § 54.1-3700.\n\nB. A mental health service provider has a duty to take precautions to protect\nthird parties from violent behavior or other serious harm only when the client\nhas orally, in writing, or via sign language, communicated to the provider a\nspecific and immediate threat to cause serious bodily injury or death to an\nidentified or readily identifiable person or persons, if the provider reasonably\nbelieves, or should believe according to the standards of his profession, that\nthe client has the intent and ability to carry out that threat immediately or\nimminently. If the third party is a child, in addition to taking precautions to\nprotect the child from the behaviors in the above types of threats, the provider\nalso has a duty to take precautions to protect the child if the client threatens\nto engage in behaviors that would constitute physical abuse or sexual abuse as\ndefined in § 18.2-67.10. The duty to protect does not attach unless the\nthreat has been communicated to the provider by the threatening client while the\nprovider is engaged in his professional duties.\n\nC. The duty set forth in subsection B is discharged by a mental health service\nprovider who takes one or more of the following actions:\n\n 1. Seeks involuntary admission of the client under Article 16 (§ 16.1-335\n et seq.) of Chapter 11 of Title 16.1 or Chapter 8 (§ 37.2-800 et seq.) of\n Title 37.2.\n\n 2. Makes reasonable attempts to warn the potential victims or the parent or\n guardian of the potential victim if the potential victim is under the age of\n 18.\n\n 3. Makes reasonable efforts to notify a law-enforcement official having\n jurisdiction in the client’s or potential victim’s place of\n residence or place of work, or place of work of the parent or guardian if the\n potential victim is under age 18, or both.\n\n 4. Takes steps reasonably available to the provider to prevent the client from\n using physical violence or other means of harm to others until the appropriate\n law-enforcement agency can be summoned and takes custody of the client.\n\n 5. Provides therapy or counseling to the client or patient in the session in\n which the threat has been communicated until the mental health service\n provider reasonably believes that the client no longer has the intent or the\n ability to carry out the threat.\n\n 6. In the case of a registered peer recovery specialist, or a qualified mental\n health professional who is not otherwise licensed by a health regulatory board\n at the Department of Health Professions, reports immediately to a licensed\n mental health service provider to take one or more of the actions set forth in\n this subsection.\n\nD. A mental health service provider shall not be held civilly liable to any\nperson for:\n\n 1. Breaching confidentiality with the limited purpose of protecting third\n parties by communicating the threats described in subsection B made by his\n clients to potential third party victims or law-enforcement agencies or by\n taking any of the actions specified in subsection C.\n\n 2. Failing to predict, in the absence of a threat described in subsection B,\n that the client would cause the third party serious physical harm.\n\n 3. Failing to take precautions other than those enumerated in subsection C to\n protect a potential third party victim from the client’s violent\n behavior.\n\nHISTORY: 1994, c. 958; 1997, c. 901; 2005, c. 716; 2010, cc. 778, 825; 2017, cc.\n61, 417, 418, 426; 2018, cc. 171, 803; 2019, cc. 101, 217.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}