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What does the Tarasoff duty to warn require of clinicians?

Clinicians can disclose information only with patient consent, regardless of risk.

Confidentiality is never breached in emergency situations.

Clinicians have a legal and ethical obligation to warn or protect identifiable third parties if a patient poses a credible risk of harm.

Key idea: when a patient poses a credible threat of serious harm to a specific person, clinicians have a legal and ethical obligation to take action to protect that person, which can include warning the potential victim and/or involving authorities or taking steps to hospitalize the patient if needed. This duty, stemming from Tarasoff, makes confidentiality not absolute in the face of a real, identifiable danger. The threat must be credible and directed at identifiable individuals, not a vague or generalized risk to the public. Importantly, this duty applies in various practice settings, not just hospitals, reflecting a broader obligation to safeguard potential victims.

Tarasoff requirements apply only to hospital settings and do not involve private practice.

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