Current law requires any licensed physician, physician assistant, or anesthesiologist assistant (licensee) who attends or treats any of certain injuries, including injuries resulting from domestic violence, to report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located.
The bill states that a licensee shall not report an injury that the licensee has reason to believe involves an act of domestic violence if:
- The victim of the injury is at least 18 years of age and indicates his or her preference that the injury not be reported;
- The injury is not an injury that the licensee is otherwise required to report;
- The licensee has no reason to believe that the injury involves a criminal act other than domestic violence; and
- The licensee has referred the victim to a victim's advocate.
The licensee shall document the victim's request in the victim's medical record.
Under current law, any licensee who, in good faith, makes such a report of an injury is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. The bill states that a licensee who does not make a report under the new conditions described in the bill is also immune to such liability.
(Note: This summary applies to this bill as introduced.)