Text of Statute

(A) Persons, including, but not limited to, boards of alcohol, drug addiction, and mental health services and community mental health agencies, acting in good faith, either upon actual knowledge or information thought by them to be reliable, who procedurally or physically assist in the hospitalization or discharge, determination of appropriate placement, or in judicial proceedings of a person under this chapter, do not come within any criminal provisions, and are free from any liability to the person hospitalized or to any other person.

(B) Regardless of whether any affirmative action has been taken under this chapter with respect to a mental health client or patient and except as otherwise provided in section 2305.51 of the Revised Code, no person shall be liable for any harm that results to any other person as a result of failing to disclose any confidential information about the mental health client or patient, or failing to otherwise attempt to protect such other person from harm by such client or patient.

(C) This section applies to expert witnesses who testify at hearings under this chapter.

(D) The immunity from liability conferred by this section is in addition to and not in limitation of any immunity conferred by any other section of the Revised Code or by judicial precedent.

History

HISTORY: 129 v 1448(1471) (Eff 10-25-61); 130 v 1199 (Eff 10-10-63); 136 v H 244 (Eff 8-26-76); 137 v H 725 (Eff 3-16-78); 142 v S 156 (Eff 7-1-89); 143 v H 317 (Eff 10-10-89); 148 v H 71. Eff 9-15-99.

The provisions of § 3 of HB 71 (148 v --) read as follows:

SECTION 3. In amending section 5122.34 and in enacting section 2305.51 of the Revised Code, it is the intent of the General Assembly to respectfully disagree with and supersede the statutory construction holdings of the Ohio Supreme Court relative to section 5122.34 of the Revised Code as set forth in Estates of Morgan v. Fairfield Family Counseling Ctr. (1997), 77 Ohio St. 3d 284, under heading G of section I at 304-305, and, thereby, to supersede the second, third, and fourth syllabus paragraph holdings of the Court in that case.