Reporting Injuries Related to Suspected Partner Violence A previous edition of
Risk E-Notes which addressed mandatory reporting of elder and child abuse sparked member inquiries about the duty to report
partner violence (also referred to as "domestic violence" or "intimate partner violence").
The threshold for mandatory reporting of partner violence
is significantly different from the requirements for child and elder abuse reporting. Health care providers are required to make a report if they
provide medical services to a patient and learn of a
physical injury that they suspect is due to assaultive or abusive conduct or a firearm.
Per California Penal Code 11160, any health practitioner is required to make a report if
both of the following are true:
- He or she provides medical services to a patient - whether or not the patient is being treated for the injury suspected to be the result of assaultive or abusive conduct or a firearm, and,
- The patient is currently suffering from the wound or physical injury.
To whom do health care providers report?Local law enforcement agency
What is the time limit to report?A telephone report must be made immediately or as soon as practically possible, and a written report must be sent within two working days. Click
here to download the California Suspicious Injury form; click
here for the instructions.
Is there danger to the health care provider who is reporting?A health care worker has legal immunity for reporting any type of abuse (Cal Penal Code 11161.9(a)). Even if the suspicion turns out to be wrong and investigation shows there is no abuse, the immunity remains.
For additional physician resources on this topic, see the following articles, linked with permission:
Authored by
Georgia McCullough, RN, JD
CAP Risk Management & Patient SafetyIf you have questions about this article, please use the "Contact Us" button to the left.
