Abstract
Contrary to the 1976 California Supreme Court decision in the renowned Tarasoff case, the Texas Supreme Court rendered a 1999 opinion (Thapar v. Zezulka) that mental health providers in Texas do not have a duty to warn and protect their clients’ known and intended victims. This decision reflected the intent of the Texas court not to violate existing state confidentiality statutes that permit, but do not require, disclosure of intent to harm to medical or law enforcement personnel only. Other than the reporting of positive HIV results or suspected child abuse, mental health providers in Texas should proceed with caution in revealing confidential information to anyone for any reason, even when the limits of confidentiality are reached.
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