SB 693 — An Act amending the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, in general provisions, providing for duty to warn.

PRINTER'S NO.   703

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 693
                                                Session of
                                                  2025

     INTRODUCED BY LANGERHOLC, J. WARD, STEFANO AND VOGEL,
        APRIL 28, 2025

     REFERRED TO HEALTH AND HUMAN SERVICES, APRIL 28, 2025


                                     AN ACT
 1   Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
 2      act relating to mental health procedures; providing for the
 3      treatment and rights of mentally disabled persons, for
 4      voluntary and involuntary examination and treatment and for
 5      determinations affecting those charged with crime or under
 6      sentence," in general provisions, providing for duty to warn.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of July 9, 1976 (P.L.817, No.143), known
10   as the Mental Health Procedures Act, is amended by adding a
11   section to read:
12      Section 111.1.    Duty to Warn.--(a)   A qualified professional
13   has a duty to warn a potential victim and law enforcement of a
14   specific and immediate threat of serious bodily injury when the
15   threat has been communicated to the qualified professional by a
16   patient.
17      (b)     In addition to the duty to warn under subsection (a), if
18   the potential victim attends a school district, area career and
19   technical school, intermediate unit, charter school, cyber
20   charter school, regional charter school, nonpublic school or
 1   institution of higher education, the qualified professional
 2   shall submit a report through the Safe2Say Program established
 3   under section 1303-D of the act of March 10, 1949 (P.L.30,
 4   No.14), known as the "Public School Code of 1949."
 5      (c)     For the qualified professional to have a duty to warn
 6   under this section, the threat must be made against a
 7   specifically identified or readily identifiable victim.
 8      (d)     The following shall apply:
 9      (1)     If there is only one potential victim, the qualified
10   professional discharges the duty to warn by making reasonable
11   efforts to communicate the threat to the potential victim and
12   law enforcement.
13      (2)     If there is more than one potential victim, the
14   qualified professional discharges the duty to warn by
15   communicating the threats to law enforcement. The qualified
16   professional may notify potential victims of the threat.
17      (3)     If the threat involves a potential victim under
18   subsection (b), the qualified professional discharges the duty
19   to warn by satisfying the requirements under clause (1) or (2)
20   and submitting a report through the Safe2Say Program.
21      (e)     A qualified professional may not be held civilly or
22   criminally liable for any action made in good faith in the
23   discharge of the qualified professional's duties under this
24   section.
25      (f)     As used in this section, the following words and phrases
26   shall have the meanings given to them in this subsection unless
27   the context clearly indicates otherwise:
28      "Institution of higher education."     An independent
29   institution of higher education, a community college, a State-
30   related institution or a member institution of the State System

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1   of Higher Education.
2      "Nonpublic school."   A school that is a nonprofit
3   organization and is located in this Commonwealth. The term does
4   not include a public school.
5      Section 2.   This act shall take effect in 60 days.




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