State D&A Officials Meet with PCPA on
Duty to Warn Issue

December 30, 1999

PCPA staff met on December 23 with representatives from the Bureau of Drug and Alcohol Programs (BDAP), the Office of Mental Health and Substance Abuse Services (OMHSAS), and the Division of Drug and Alcohol Program Licensing to discuss the issue of duty to warn as it relates to the drug and alcohol program. The following is a summary of the highlights:

1. The Emerich decision (see attached bulletin from OMHSAS) does not specifically apply to the drug and alcohol program.

2. If the D&A provider determines that there may be a specific and immediate threat to a third party then the provider should obtain a court order (see attached Licensing Alert and 42 CFR.) WHEN TIME DOES NOT ALLOW THE PROVIDER MAY CALL THE THIRD PARTY AND WARN THEM WITHOUT A COURT ORDER. HOWEVER, THE PROVIDER CANNOT IDENTIFY THAT THEY WORK FOR A D&A CLINIC OR THAT THE CLIENT IS A D&A CLIENT.
A recommendation was made to use the following language when warning the third party, " I am a behavioral health counselor calling to inform you that John Doe has threatened to harm you." This type of warning is allowable under the confidentiality regulations and therefore Licensing will not cite the D&A provider if this procedure is followed.

3. It is important to note that you may not include your Mental Health duty to warn policy with your D&A manual. These policies are in violation of the federal D&A confidentiality regulations.( See attached Licensing Alert)

The Drug and Alcohol Committee will be discussing this issue at the next meeting, which will be held on January 18 from 1p.m. - 4p.m.

If you have any questions contact Lynn Cooper at the Association.

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