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Duty to Protect
Ohio law requires therapists take certain steps to document their plan to address a client’s
suicidal and self-destructive behavior. The law also gives the therapist immunity from lawsuit or
damage by the client when acting in good faith to protect the client, other individuals, or
structures threatened by the client. The law also establishes a duty for mental health
professional or organizations “to warn of or protect against a threat made by a client or patient
if the client or patient communicates an explicit threat of serious harm against a readily
identifiable individual or structure and there is reason to believe the client or patient has the
intent to carry out the threat.” Furthermore, therapists may be held liable for damages or be
subject to disciplinary action for serious harm resulting from our failures to warn or protect.
The law also specifies how therapists are to discharge this duty.
Rule 5122-3-12 – Ohio Administrative Code | Ohio Laws
First, the threat should be serious. Passive suicidal ideation or threats against others that are in
the context of “blowing off steam” may not be serious threats. If the seriousness of the threat is
unclear, seek consultation with an administrator or senior staff therapist.
1) Exercise any authority the professional has to hospitalize the client on an emergency basis.
2) Exercise any authority the professional has to have the client involuntarily or voluntarily
hospitalized.
3) Establish a documented treatment plan that is reasonably calculated, according to
appropriate standards of professional practice, to eliminate the possibility that the client
will carry out the threat.
4) Collaborate with law enforcement/campus security with jurisdiction over the area in which
the potential victim(s) reside or where the threatened structure is. The therapist may also
communicate to a law enforcement agency where the client resides. If feasible,
communicate with each potential victim (or parent or guardian). The following information
should be communicated: the nature of the threat, the identity of the client making the
threat, and the identity of each potential victim.
The form is designed to facilitate compliance with these four choices. The therapist must
respond to all four choices, stating specifically why each one was chosen or not chosen. The
forms must be signed by a supervisor (if applicable) within 24 hours after the threat is made
and by the Lead Mental Health Therapist within 48 hours after the threat.
Ongoing Services Procedures for Individuals
Ongoing services will be provided for all clients as outlined in the clinical eligibility
procedures. Therapists are responsible for contacting clients or making arrangement to contact
them for scheduling appointments. Clients are assigned to therapists based on appropriate
level of care and availability. Therapists are responsible for providing individual or group
therapy as recommended and agreed upon with the client. If a client needs services outside of