Your task in this week’s Discussion Forum is FIRST, to designate in you contribu


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Your task in this week’s Discussion Forum is FIRST, to designate in you contributing post(s) to the Discussion Forum WHICH ONE of the three opinions in this highly controversial decision, (1) the majority opinion by Judge Tobriner, or (2) the partially concurring and partially dissenting opinion of Judge Mosk, or (3) the dissenting opinion of Judge Clark you believe is better reasoned, and THEN of course to defend your preference clearly with reasoned explanations. Both of the PARTIALLY DISSENTING opinions are included ON THE LAST PAGE of our reading assignment copy of the opinion, at the following internal link:
[caselaw] Tarasoff v. Regents of U. California, 17 Cal. 3d 425; 551 P.2d 334 (Cal. Supr. Ct., 1976).pdf
In considering your point of view in reply to my questions presented in this week’s Discussion Forum, I advise you to consider under current New York State law (although the courts have not followed the California Supreme Court in recognizing that it is a psychiatrist’s professional and legal duty to warn specific persons in society at large, and persons known to be in a position to protect them from harm, when the psychiatrist believes that a patient in their care poses a probable threat of physical harm to such persons who they believe are vulnerable to the anticipated harm) New York Mental Hygiene Law §9.46, enacted January 15, 2013, imposes a duty on mental health care professionals within the jurisdiction of the New York State Office of Mental Health (OMH), in conjunction with the Office of Mental Retardation and Developmental Disabilities (OMDD) and the Office of Alcoholism and Substance Abuse Services (OASAS), should such professionals have reason to believe that a patient in their care is likely to present an actual danger to specific persons in society, immediately to inform appropriate law enforcement authorities thereof, and to responsibly document in detail in the patient’s file, what specific actions were undertaken on their own part, including the reasoning therefor, in order to prevent the threatened danger.

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