Mandatory Reporting of Non-Accidental Injuries

 
 
Mandatory Reporting Requirements for Health Care Practitioners 
Every U.S. state and territory has a law mandating certain (or sometimes all) individuals to report child 
abuse. Nearly every jurisdiction also requires reporting, under certain circumstances, the abuse of elders 
and/or vulnerable adults.
1
 In addition, all but five jurisdictions have laws mandating that health care 
providers report knowledge and/or treatment of certain injuries regardless of the age of the victim.
2
 A 
few jurisdictions require health care providers to obtain consent from adult victims before reporting 
injuries caused by domestic violence and/or sexual assault, but most do not.  
On the following pages, each U.S. state and territory is listed along with the full text of any applicable 
statutes requiring health care providers to report injuries and burns.
3
 Also included are any statutory 
exceptions made for victims of domestic violence and/or sexual assault. Wherever possible, links to the 
relevant statutes have been included at the beginning of the entry. For ease of navigation, each 
jurisdiction listed below is a clickable link that will take you that particular jurisdiction’s statutes within 
this document. To view a basic chart outlining the requirements of all jurisdictions, click “Appendix” 
below. The foot of each page contains clickable links that will bring you back to this index or forward to 
the Appendix. *NOTE: THIS DOCUMENT WAS LAST UPDATED IN MAY, 2014.* 
 
1
 The exceptions are New Jersey, New York, North Dakota, South Dakota, Guam, and American Samoa. 
2
 Alabama, New Mexico, Wyoming, Guam, and American Samoa have no such statutes. 
3
 Note that some states require reporting burns only when the burn victim is suspected of committing arson; those statutes are 
not included below. 

Back to Index Skip to Appendix

Alabama

No mandatory reporting statute for non-accidental injuries.

Alaska

AS 08.64.369 Updated 2013

Sec. 08.64.369. Health care professionals to report certain injuries. Article 04. GENERAL PROVISIONS

(a) A health care professional who initially treats or attends to a person with an injury described in

(b) of this section shall make certain that an oral report of the injury is made promptly to the

Department of Public Safety, a local law enforcement agency, or a village public safety officer.

The health care professional shall make certain that a written report of an injury described in

(b)(1) or (2) of this section is submitted to the Department of Public Safety within three working

days after the person is treated. The report shall be on a form provided by the Department of

Public Safety.

(b) The following injuries shall be reported under (a) of this section:

(1) second or third degree burns to five percent or more of a patient's body;

(2) a burn to a patient's upper respiratory tract or laryngeal edema due to the inhalation of

super-heated air;

(3) a bullet wound, powder burn, or other injury apparently caused by the discharge of a

firearm;

(4) an injury apparently caused by a knife, axe, or other sharp or pointed instrument, unless the

injury was clearly accidental; and

(5) an injury that is likely to cause the death of the patient, unless the injury was clearly

accidental.

proceedings related to a report under this section, is immune from any civil or criminal liability

that might otherwise be incurred as a result of making such a report or participating in the

judicial proceedings.

(d) In this section, "health care professional" includes an emergency medical technician certified

under AS 18.08, health aide, physician, nurse, mobile intensive care paramedic, and physician

assistant, but does not include a practitioner of religious healing.

American Samoa

No mandatory reporting statute for non-accidental injuries.

Arizona

A.R.S. 13-3806, Updated 2013

13-3806. Duty of physician or attendant upon treating certain wounds; classification

A. A physician, surgeon, nurse or hospital attendant called upon to treat any person for gunshot

wounds, knife wounds or other material injury which may have resulted from a fight, brawl,

robbery or other illegal or unlawful act, shall immediately notify the chief of police or the city

2  Victim Rights Law Center

Back to Index Skip to Appendix

marshal, if in an incorporated city or town, or the sheriff, or the nearest police officer, of the

circumstances, together with the name and description of the patient, the character of the

wound and other facts which may be of assistance to the police authorities in the event the

condition of the patient may be due to any illegal transaction or circumstances.

B. Any violation of the provisions of this section by a physician, surgeon, nurse, or hospital

attendant is a class 3 misdemeanor.

Arkansas

ACA 12-12-602, Updated 2013; ACA 12-12-402

12-12-602. Report of treatment required.

(a) All physicians, surgeons, hospitals, druggists, or other persons or entities that render first aid

treatment to a person shall report as provided in subsection (b) of this section if they treat or

receive in the hospital a case of a:

(1) Knife or gunshot wound when the knife or gunshot wound appears to have been

intentionally inflicted; or

(2) Burn wound that could reasonably be connected to criminal activity that is:

(A) A second or third degree burn to five percent (5%) or more of a person's body; or

(B) A burn to a person's upper respiratory tract or laryngeal edema due to the

inhalation of super-heated air.

(b) The reporting requirements of this subchapter are satisfied if:

(1) The report is made to the county sheriff;

(2) Within a city of the first class, the report is made to the municipal law enforcement agency;

(3) The report is made under subdivision (a)(2) of this section to the local fire marshal, fire

chief, assistant fire chief, or an officer of the fire department having jurisdiction.

section that, in good faith, makes a report under this section has immunity from any civil or

criminal liability that might otherwise be incurred or imposed with respect to the making of a

report under this section.

12-12-402. Procedures governing medical treatment.

a) All medical facilities or licensed health care providers conducting medical-legal examinations in

Arkansas shall adhere to the procedures set forth in this section in the event that a person presents

himself or herself or is presented for treatment as a victim of rape, attempted rape, any other type

of sexual assault, or incest.

b) 1) A) Any adult victim presented for medical treatment shall make the decision of whether or not

the incident will be reported to a law enforcement agency.

B) No medical facility or licensed health care provider may require an adult victim to report the

incident in order to receive medical treatment.

C) (i) Evidence will be collected only with the permission of the victim.

Mandatory Reporting of Non-Accidental Injuries  3

Back to Index Skip to Appendix

(ii) However, permission shall not be required when the victim is unconscious, mentally

incapable of consent, or intoxicated.

2) A) Should an adult victim wish to report the incident to a law enforcement agency, the

appropriate law enforcement agencies shall be contacted by the medical facility or licensed

health care provider or the victim's designee.

B) (i) The victim shall be given a medical screening examination by a qualified medical person

as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C.

1395dd, as in effect on January 1, 2001, if the victim arrives at the emergency

department of a hospital, and the person shall be examined and treated and any injuries

requiring medical attention will be treated in the standard manner.

(ii) A medical-legal examination shall be conducted and specimens shall be collected for

evidence.

C) If a law enforcement agency has been contacted and with the permission of the victim, the

evidence shall be turned over to the law enforcement officers when they arrive to assume

responsibility for investigation of the incident.

California

11160–11163.6, Updated 2011; 13823.11 (Sexual Assault Specific), Updated 2004

ARTICLE 2. Reports of Injuries [11160 - 11163.6]

11160.

(a) Any health practitioner employed in a health facility, clinic, physician’s office, local or state

public health department, or a clinic or other type of facility operated by a local or state public

health department who, in his or her professional capacity or within the scope of his or her

employment, provides medical services for a physical condition to a patient whom he or she

knows or reasonably suspects is a person described as follows, shall immediately make a report

in accordance with subdivision (b):

(1) Any person suffering from any wound or other physical injury inflicted by his or her own

act or inflicted by another where the injury is by means of a firearm.

(2) Any person suffering from any wound or other physical injury inflicted upon the person

where the injury is the result of assaultive or abusive conduct.

(b) Any health practitioner employed in a health facility, clinic, physician’s office, local or state

public health department, or a clinic or other type of facility operated by a local or state public

health department shall make a report regarding persons described in subdivision (a) to a local

law enforcement agency as follows:

(1) A report by telephone shall be made immediately or as soon as practically possible.

(2) A written report shall be prepared on the standard form developed in compliance with

paragraph (4) of this subdivision, and Section 11160.2, and adopted by the Office of

Emergency Services, or on a form developed and adopted by another state agency that

otherwise fulfills the requirements of the standard form. The completed form shall be

sent to a local law enforcement agency within two working days of receiving the

information regarding the person.

4  Victim Rights Law Center

Back to Index Skip to Appendix

(3) A local law enforcement agency shall be notified and a written report shall be prepared

and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound,

other injury, or assaultive or abusive conduct has expired, regardless of whether or not

the wound, other injury, or assaultive or abusive conduct was a factor contributing to

the death, and even if the evidence of the conduct of the perpetrator of the wound,

other injury, or assaultive or abusive conduct was discovered during an autopsy.

(4) The report shall include, but shall not be limited to, the following:

(A) The name of the injured person, if known.

(B) The injured person’s whereabouts.

(D) The identity of any person the injured person alleges inflicted the wound,

other injury, or assaultive or abusive conduct upon the injured person.

condition brought about solely through the voluntary administration of a narcotic or restricted

dangerous drug.

(d) For the purposes of this section, “assaultive or abusive conduct” shall include any of the

following offenses:

(1) Murder, in violation of Section 187.

(2) Manslaughter, in violation of Section 192 or 192.5.

(3) Mayhem, in violation of Section 203.

(4) Aggravated mayhem, in violation of Section 205.

(5) Torture, in violation of Section 206.

(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation

of Section 220.

(7) Administering controlled substances or anesthetic to aid in commission of a felony, in

violation of Section 222.

(8) Battery, in violation of Section 242.

(9) Sexual battery, in violation of Section 243.4.

(10) Incest, in violation of Section 285.

(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or

disfigure, in violation of Section 244.

(12) Assault with a stun gun or taser, in violation of Section 244.5.

(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means

likely to produce great bodily injury, in violation of Section 245.

(14) Rape, in violation of Section 261.

(15) Spousal rape, in violation of Section 262.

Mandatory Reporting of Non-Accidental Injuries  5

Back to Index Skip to Appendix

(16) Procuring any female to have sex with another man, in violation of Section 266, 266a,

266b, or 266c.

(17) Child abuse or endangerment, in violation of Section 273a or 273d.

(18) Abuse of spouse or cohabitant, in violation of Section 273.5.

(19) Sodomy, in violation of Section 286.

(20) Lewd and lascivious acts with a child, in violation of Section 288.

(21) Oral copulation, in violation of Section 288a.

(22) Sexual penetration, in violation of Section 289.

(23) Elder abuse, in violation of Section 368.

(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.

(e) When two or more persons who are required to report are present and jointly have knowledge

of a known or suspected instance of violence that is required to be reported pursuant to this

section, and when there is an agreement among these persons to report as a team, the team

may select by mutual agreement a member of the team to make a report by telephone and a

single written report, as required by subdivision (b). The written report shall be signed by the

selected member of the reporting team. Any member who has knowledge that the member

designated to report has failed to do so shall thereafter make the report.

(f) The reporting duties under this section are individual, except as provided in subdivision (e).

(g) No supervisor or administrator shall impede or inhibit the reporting duties required under this

section and no person making a report pursuant to this section shall be subject to any sanction

for making the report. However, internal procedures to facilitate reporting and apprise

supervisors and administrators of reports may be established, except that these procedures

shall not be inconsistent with this article. The internal procedures shall not require any

employee required to make a report under this article to disclose his or her identity to the

employer.

11161.

(a) Notwithstanding Section 11160, the following shall apply to every physician or surgeon

who has under his or her charge or care any person described in subdivision (a) of

Section 11160:

(1) The physician or surgeon shall make a report in accordance with subdivision (b)

of Section 11160 to a local law enforcement agency.

(2) It is recommended that any medical records of a person about whom the

physician or surgeon is required to report pursuant to subdivision (a) include the

following:

(A) Any comments by the injured person regarding past domestic violence,

as defined in Section 13700, or regarding the name of any person

suspected of inflicting the wound, other physical injury, or assaultive or

abusive conduct upon the person.

(B) A map of the injured person’s body showing and identifying injuries and

bruises at the time of the health care.

6  Victim Rights Law Center

Back to Index Skip to Appendix

(b) It is recommended that the physician or surgeon refer the person to local domestic

violence services if the person is suffering or suspected of suffering from domestic

violence, as defined in Section 13700.

11161.8.

(a) Every person, firm, or corporation conducting any hospital in the state, or the managing agent

thereof, or the person managing or in charge of such hospital, or in charge of any ward or part of

such hospital, who receives a patient transferred from a health facility, as defined in Section 1250

of the Health and Safety Code or from a community care facility, as defined in Section 1502 of the

Health and Safety Code, who exhibits a physical injury or condition which, in the opinion of the

admitting physician, reasonably appears to be the result of neglect or abuse, shall report such fact

by telephone and in writing, within 36 hours, to both the local police authority having jurisdiction

and the county health department.

(b) Any registered nurse, licensed vocational nurse, or licensed clinical social worker employed at such

hospital may also make a report under this section, if, in the opinion of such person, a patient

exhibits a physical injury or condition which reasonably appears to be the result of neglect or

abuse.

physical injury or condition which reasonably appears to be the result of neglect or abuse shall

make such report.

(d) The report shall state the character and extent of the physical injury or condition.

(e) No employee shall be discharged, suspended, disciplined, or harassed for making a report pursuant

to this section.

(f) No person shall incur any civil or criminal liability as a result of making any report authorized by this

section.

13823.11. The minimum standards for the examination and treatment of victims of sexual assault or

attempted sexual assault, including child molestation and the collection and preservation of evidence

therefrom include all of the following:

(a) Law enforcement authorities shall be notified.

(b) In conducting the physical examination, the outline indicated in the form adopted pursuant to

subdivision (c) of Section 13823.5 shall be followed.

(1) Consent to an examination for evidence of sexual assault shall be obtained prior to the

examination of a victim of sexual assault and shall include separate written

documentation of consent to each of the following:

(A) Examination for the presence of injuries sustained as a result of the assault.

(B) Examination for evidence of sexual assault and collection of physical evidence.

(2) Consent to treatment shall be obtained in accordance with usual hospital policy.

Mandatory Reporting of Non-Accidental Injuries  7

Back to Index Skip to Appendix

(3) A victim of sexual assault shall be informed that he or she may refuse to consent to an

examination for evidence of sexual assault, including the collection of physical evidence,

but that a refusal is not a ground for denial of treatment of injuries and for possible

pregnancy and sexually transmitted diseases, if the person wishes to obtain treatment

and consents thereto.

(4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the

Family Code, a minor may consent to hospital, medical, and surgical care related to a

sexual assault without the consent of a parent or guardian.

(5) In cases of known or suspected child abuse, the consent of the parents or legal guardian

is not required. In the case of suspected child abuse and nonconsenting parents, the

consent of the local agency providing child protective services or the local law

enforcement agency shall be obtained. Local procedures regarding obtaining consent

for the examination and treatment of, and the collection of evidence from, children

from child protective authorities shall be followed.

(d) A history of sexual assault shall be taken.

The history obtained in conjunction with the examination for evidence of sexual assault shall

follow the outline of the form established pursuant to subdivision (c) of Section 13823.5 and

shall include all of the following:

(1) A history of the circumstances of the assault.

(2) For a child, any previous history of child sexual abuse and an explanation of injuries, if

different from that given by parent or person accompanying the child.

(3) Physical injuries reported.

(4) Sexual acts reported, whether or not ejaculation is suspected, and whether or not a

condom or lubricant was used.

(5) Record of relevant medical history.

(e) (1) If indicated by the history of contact, a female victim of sexual assault shall be provided

with the option of postcoital contraception by a physician or other health care provider.

(2) Postcoital contraception shall be dispensed by a physician or other health care provider

upon the request of the victim.

(f) Each adult and minor victim of sexual assault who consents to a medical examination for

collection of evidentiary material shall have a physical examination which includes, but is not

limited to, all of the following:

(1) Inspection of the clothing, body, and external genitalia for injuries and foreign materials.

(2) Examination of the mouth, vagina, cervix, penis, anus, and rectum, as indicated.

(3) Documentation of injuries and evidence collected.

Prepubertal children shall not have internal vaginal or anal examinations unless

absolutely necessary. This does not preclude careful collection of evidence using a swab.

(g) The collection of physical evidence shall conform to the following procedures:

8  Victim Rights Law Center

Back to Index Skip to Appendix

(1) Each victim of sexual assault who consents to an examination for collection of evidence

shall have the following items of evidence collected, except where he or she specifically

objects:

(A) Clothing worn during the assault.

(B) Foreign materials revealed by an examination of the clothing, body, external

genitalia, and pubic hair combings.

determine the presence or absence of sperm and sperm motility, and for

genetic marker typing.

(D) If indicated by the history of contact, the victim’s urine and blood sample, for

toxicology purposes, to determine if drugs or alcohol were used in connection

with the assault. Toxicology results obtained pursuant to this paragraph shall

not be admissible in any criminal or civil action or proceeding against any

victim who consents to the collection of physical evidence pursuant to this

paragraph. Except for purposes of prosecuting or defending the crime or

crimes necessitating the examination specified by this section, any toxicology

results obtained pursuant to this paragraph shall be kept confidential, may

not be further disclosed, and shall not be required to be disclosed by the

victim for any purpose not specified in this paragraph. The victim shall

specifically be informed of the immunity and confidentiality safeguards

provided herein.

(2) Each victim of sexual assault who consents to an examination for the collection of

evidence shall have reference specimens taken, except when he or she specifically

objects thereto. A reference specimen is a standard from which to obtain baseline

information (for example: pubic and head hair, blood, and saliva for genetic marker

typing). These specimens shall be taken in accordance with the standards of the local

criminalistics laboratory.

(3) A baseline gonorrhea culture, and syphilis serology, shall be taken, if indicated by the

history of contact. Specimens for a pregnancy test shall be taken, if indicated by the

history of contact.

(4) (A) If indicated by the history of contact, a female victim of sexual assault shall be

provided with the option of postcoital contraception by a physician or other

health care provider.

(B) Postcoital contraception shall be dispensed by a physician or other health care

provider upon the request of the victim.

(h) Preservation and disposition of physical evidence shall conform to the following procedures:

(1) All swabs and slides shall be air-dried prior to packaging.

(2) All items of evidence including laboratory specimens shall be clearly labeled as to the

identity of the source and the identity of the person collecting them.

(3) The evidence shall have a form attached which documents its chain of custody and shall

be properly sealed.

(4) The evidence shall be turned over to the proper law enforcement agency.

Mandatory Reporting of Non-Accidental Injuries  9

Back to Index Skip to Appendix

Colorado

C.R.S. 12-36-135, Updated 2013

(1) (a) It shall be the duty of every licensee who attends or treats a bullet wound, a gunshot wound, a

powder burn, or any other injury arising from the discharge of a firearm, or an injury caused by

a knife, an ice pick, or any other sharp or pointed instrument that the licensee believes to have

been intentionally inflicted upon a person, or an injury arising from a dog bite that the licensee

believes was inflicted upon a person by a dangerous dog, as defined in section 18-9-204.5 (2)

(b), C.R.S., or any other injury that the licensee has reason to believe involves a criminal act,

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.

Any licensee who fails to make a report as required by this section commits a class 2 petty

offense, as defined by section 18-1.3-503, C.R.S., and, upon conviction thereof, shall be

punished by a fine of not more than three hundred dollars, or by imprisonment in the county

jail for not more than ninety days, or by both such fine and imprisonment.

(b) When a licensee performs a forensic medical examination that includes the collection of

evidence at the request of a victim of sexual assault, not in connection with a referring or

requesting law enforcement agency, and the licensee's employing medical facility knows where

the crime occurred, the facility shall contact the law enforcement agency in whose jurisdiction

the crime occurred regarding preservation of the evidence. If the medical facility does not

know where the crime occurred, the facility shall contact its local law enforcement agency

regarding preservation of the evidence.

(1.5) As used in subsection (1) of this section, unless the context otherwise requires:

(a) "Domestic violence" means an act of violence upon a person with whom the actor is or has

been involved in an intimate relationship. Domestic violence also includes any other crime

against a person or any municipal ordinance violation against a person when used as a method

of coercion, control, punishment, intimidation, or revenge directed against a person with

whom the actor is or has been involved in an intimate relationship.

(b) "Intimate relationship" means a relationship between spouses, former spouses, past or present

unmarried couples, or persons who are both the parents of the same child regardless of

whether the persons have been married or have lived together at any time.

(2) Any licensee who, in good faith, makes a report pursuant to subsection (1) of this section shall have

immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with

respect to the making of such report, and shall have the same immunity with respect to

participation in any judicial proceeding resulting from such report.

(3) Any licensee who makes a report pursuant to subsection (1) of this section shall not be subject to

the physician-patient relationship described in section 13-90-107 (1) (d), C.R.S., as to the medical

examination and diagnosis. Such licensee may be examined as a witness, but not as to any

statements made by the patient that are the subject matter of section 13-90-107 (1) (d), C.R.S.

ANNOTATION

The plain, clarifying language of subsection (3) states that in cases where a physician has a duty to report

an injury to the police, the physician-patient privilege is abrogated only with regard to testimony about

the information received from the physician's observations of the patient, not regarding any statements

the patient may have made to the physician. People v. Covington, 19 P.3d 15 (Colo. 2001).

10  Victim Rights Law Center

Back to Index Skip to Appendix

Physician duty to report abrogates the physician-patient privilege established in § 13-90-107, and 1995

amendments to subsection (1) merely clarified that inherent within the reporting statute was an

abrogation of the physician-patient privilege as it relates to the bare medical information the physician

observed during the examination; otherwise, duty to report would have been rendered meaningless.

People v. Covington, 19 P.3d 15 (Colo. 2001).

Connecticut

Conn Gen. Stat. 19a-490f, Updated 2013

Sec. 19a-490f. Requirements for reports of treatment of wounds from firearms.

Each hospital, outpatient surgical facility and outpatient clinic shall report or cause a report to be made

to the local police department or the state police of each person treated for a bullet wound, gunshot

wound or any injury arising from the discharge of a firearm. Such report shall be made as soon as

practicable after the treatment is rendered and shall contain the name and address of the injured

person, if known, the nature and extent of the injury and the circumstances under which the treatment

was rendered.

Delaware

25 Del. C. 1762, Updated 2014

§ 1762 Reports of treatment of certain wounds, injuries, poisonings, or other conditions; failure to

report; penalty.

(a) Every person certified to practice medicine who attends to or treats a stab wound; poisoning by

other than accidental means; or a bullet wound, gunshot wound, powder burn, or other injury or

condition arising from or caused by the discharge of a gun, pistol, or other firearm, or when such

injury or condition is treated in a hospital, sanitarium, or other institution, the person, manager,

superintendent, or other individual in charge shall report the injury or condition as soon as

possible to the appropriate police authority where the attending or treating person was located

at the time of treatment or where the hospital, sanitarium, or institution is located. This section

does not apply to wounds, burns, poisonings, or injuries or conditions received by a member of

the armed forces of the United States or the State while engaged in the actual performance of

duty. A person who fails to make a report required by this section shall be fined not less than

$100 nor more than $2,500.

(b) A person certified to practice medicine or other individual who makes a report pursuant to this

section is immune from liability for the report, provided that the person or other individual acted

in good faith and without gross or wanton negligence.

District of Columbia

DC Code §7-2601; DC Code §7-2602; DC Code §7-2603, Updated 2014

§ 7-2601. Reports by physicians and institutions required

Any physician in the District of Columbia, including persons licensed under Chapter 12 of Title 3, having

reasonable cause to believe that a person brought to him or coming before him for examination, care,

or treatment has suffered injury caused by a firearm, whether self-inflicted, accidental, or occurring

during the commission of a crime, or has suffered injury caused by any dangerous weapon in the

commission of a crime, shall report or cause reports to be made in accordance with this chapter;

Mandatory Reporting of Non-Accidental Injuries  11

Back to Index Skip to Appendix

provided, that when a physician in the performance of service as a member of the staff of a hospital or

similar institution attends any person so injured, he shall notify the person in charge of the hospital or

institution or his designated agent who shall report or cause reports to be made in accordance with this

chapter.

§ 7-2602. Nature and contents of reports

An oral report shall be made immediately by telephone or otherwise, and followed as soon thereafter as

possible by a report in writing, to the Metropolitan Police Department of the District of Columbia. Such

reports shall contain, if readily available, the name, address, and age of the injured person, and shall

also contain the nature and extent of the person's injuries, and any other information which the

physician or other person required to make the report believes might be helpful in establishing the

cause of the injuries and the identity of the person who caused the injuries.

§ 7-2603. Immunity from liability

Any person, hospital, or institution participating in good faith in the making of a report pursuant to this

chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or

imposed with respect to the making of such report. Any such participant shall have the same immunity

with respect to participation in any judicial proceeding resulting from such report.

Florida

Fla. Stat. 790-24, Updated 2013

790.24 Report of medical treatment of certain wounds; penalty for failure to report.

Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing

home knowingly treating any person suffering from a gunshot wound or life-threatening injury

indicating an act of violence, or receiving a request for such treatment, shall report the same

immediately to the sheriff’s department of the county in which said treatment is administered or

request therefor received. This section does not affect any requirement that a person has to report

abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment

or request therefor is guilty of a misdemeanor of the first degree, punishable as provided in s.775.082 or

s. 775.083.

Georgia

OCGA 31-7-9, Updated 2013

§ 31-7-9. Reports by physicians and other personnel of nonaccidental injuries to patients; immunity

from liability

(a) As used in this Code section, the term "medical facility" includes, without being limited to, an

ambulatory surgical treatment center defined in subparagraph (C) of paragraph (4) of Code Section

31-7-1 and a freestanding imaging center defined in subparagraph (G) of paragraph (4) of Code

Section 31-7-1.

(b) Any:

(1) Physician, including any doctor of medicine licensed to practice under the laws of this

state;

(2) Licensed registered nurse employed by a medical facility;

12  Victim Rights Law Center

Back to Index Skip to Appendix

(3) Security personnel employed by a medical facility; or

(4) Other personnel employed by a medical facility whose employment duties involve the care

and treatment of patients therein

having cause to believe that a patient has had physical injury or injuries inflicted upon him other

than by accidental means shall report or cause reports to be made in accordance with this Code

section.

report in writing, if requested, to the person in charge of the medical facility or his designated

delegate. The person in charge of the medical facility or his designated delegate shall then notify

the local law enforcement agency having primary jurisdiction in the area in which the medical

facility is located of the contents of the report. The report shall contain the name and address of

the patient, the nature and extent of the patient's injuries, and any other information that the

reporting person believes might be helpful in establishing the cause of the injuries and the identity

of the perpetrator.

(d) Any person or persons participating in the making of a report or causing a report to be made to the

appropriate police authority pursuant to this Code section or participating in any judicial

proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil

liability that might otherwise be incurred or imposed, providing such participation pursuant to this

Code section shall be in good faith.

Guam

No mandatory reporting statute for non-accidental injuries.

Hawaii

HRS 453-14, Updated 2014

§453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds.

(a) Every physician, osteopathic physician, physician assistant, and surgeon attending or treating a

case of knife wound, bullet wound, gunshot wound, powder burn, or any injury that would

seriously maim, produce death, or has rendered the injured person unconscious, caused by the

use of violence or sustained in a suspicious or unusual manner or in motor vehicle collisions

resulting in serious injury or death, or, whenever the case is treated in a hospital, clinic, or other

institution, the manager, superintendent, or person in charge thereof, shall report the case or

provide requested information to the chief of police of the county within which the person was

attended or treated, giving the name of the injured person, description of the nature, type, and

extent of the injury, together with other pertinent information that may be of use to the chief of

police. As used herein, the term "chief of police" means the chief of police of each county and

any of the chief's authorized subordinates.

(b) This section shall not apply to wounds, burns, or injuries received by a member of the armed

forces of the United States or of the State while engaged in the actual performance of duty.

attendance or treatment shall be fined not less than $50 nor more than $500.

Mandatory Reporting of Non-Accidental Injuries  13

Back to Index Skip to Appendix

Idaho

Id C 39-1390, Updated 2013

39-1390. REPORTS TO LAW ENFORCEMENT AGENCIES OF CERTAIN TYPES OF INJURIES.

(1) As soon as treatment permits, any person operating a hospital or other medical treatment

facility, or any physician, resident on a hospital staff, intern, physician assistant, nurse or

emergency medical technician shall notify the local law enforcement agency of that jurisdiction

upon the treatment of or request for treatment of a person when the reporting person has

reason to believe that the person treated or requesting treatment has received:

a. Any injury inflicted by means of a firearm; or

b. Any injury indicating that the person may be a victim of a criminal offense.

(2) The report provided to the law enforcement agency pursuant to subsection (1) of this section

shall include the name and address of the injured person, the character and extent of the

person's injuries, and the medical basis for making the report.

(3) Any person operating a medical facility, or any physician, resident on a hospital staff, intern,

physician assistant, nurse or emergency medical technician shall be held harmless from any

civil liability for his reasonable compliance with the provisions of this section.

Illinois

20 ILCS 2630/3.2

(20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)

Sec. 3.2. It is the duty of any person conducting or operating a medical facility, or any physician or nurse

as soon as treatment permits to notify the local law enforcement agency of that jurisdiction upon the

application for treatment of a person who is not accompanied by a law enforcement officer, when it

reasonably appears that the person requesting treatment has received:

(1) any injury resulting from the discharge of a firearm; or

(2) any injury sustained in the commission of or as a victim of a criminal offense.

Any hospital, physician or nurse shall be forever held harmless from any civil liability for their reasonable

compliance with the provisions of this Section.

(Source: P.A. 86-1475.)

Indiana

In 35-47-7

Reporting of Wounds Inflicted by Weapons and Burn Injuries

IC 35-47-7-1. Persons required to report wounds

Sec. 1. Every case of a bullet wound, gunshot wound, powder burn, or any other injury arising from or

caused by the discharge of a firearm, and every case of a wound which is likely to or may result in death

and is actually or apparently inflicted by a knife, ice pick, or other sharp or pointed instrument, shall be

reported at once to the law enforcement authorities of the county, city, or town in which the person

reporting is located by either the physician attending or treating the case, or by the manager,

superintendent, or other person in charge if the case is treated in a hospital, clinic, sanitarium, or other

facility or institution. A person who violates this section commits a Class A misdemeanor.

14  Victim Rights Law Center

Back to Index Skip to Appendix

IC 35-47-7-3. Burn injury reporting

Sec. 3.

(a) As used in this section, "burn" includes chemical burns, flash burns, and thermal burns.

(b) If a person is treated for:

(1) a second or third degree burn to ten percent (10%) or more of the body;

(2) any burn to the upper respiratory tract or laryngeal edema due to the inhalation of

superheated air; or

(3) a burn that results in serious bodily injury; the physician treating the person, or the

hospital administrator or the hospital administrator's designee of the hospital or

ambulatory outpatient surgical center (if the person is treated in a hospital or outpatient

surgical center), shall report the case to the state fire marshal within seventy-two (72)

hours. This report may be made orally or in writing and shall be considered confidential

information.

body, the attending physician may report the case to the state fire marshal under subsection (b).

(d) The state fire marshal shall ascertain the following when a report is made under this chapter:

(1) Victim's name, address, and date of birth.

(2) Address where burn injury occurred.

(3) Date and time of injury.

(4) Degree of burns and percent of body burned.

(5) Area of body burned.

(6) Injury severity.

(7) Apparent cause of burn injury.

(8) Name and address of reporting facility.

(9) Attending physician.

As added by P.L.328-1987, SEC.1.

Iowa

Ia 147.111; Ia 147.113A

147.111. Report of treatment of wounds and other injuries.

1. A person licensed under the provisions of this subtitle who administers any treatment to any

person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18,

which appears to have been received in connection with the commission of a criminal offense,

or a motor vehicle accident or crash, or to whom an application is made for treatment of any

nature because of any such gunshot or stab wound or other serious injury, as defined in section

702.18, shall at once but not later than twelve hours thereafter, report that fact to the law

enforcement agency within whose jurisdiction the treatment was administered or an application

for treatment was made, or if ascertainable, to the law enforcement agency in whose

jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name of

such person, the person’s residence if ascertainable, and giving a brief description of the

gunshot or stab wound or other serious injury.

2. A person certified under the provisions of chapter 147A who administers any treatment to any

person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18,

which appears to have been received in connection with the commission of a criminal offense,

or a motor vehicle accident or crash, or to whom an application is made for treatment of any

nature because of any such gunshot or stab wound or other serious injury, may report that fact

Mandatory Reporting of Non-Accidental Injuries  15

Back to Index Skip to Appendix

to the law enforcement agency within whose jurisdiction the treatment was administered or

application for treatment was made, or if ascertainable, to the law enforcement agency in

whose jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name

of the person, the person’s residence if ascertainable, and giving a brief description of the

gunshot or stab wound or other serious injury.

3. Any provision of law or rule of evidence relating to a confidential communication is suspended

for communications under this section.

147.113A. Report of burn injuries

Any person licensed under the provisions of this subtitle who administers any treatment to a person

suffering a burn which appears to be of a suspicious nature on the body, a burn to the upper respiratory

tract, a laryngeal edema due to the inhalation of super-heated air, or a burn injury that is likely to result

in death, which appears to have been received in connection with the commission of a criminal offense,

or to whom an application is made for treatment of any nature because of any such burn or burn injury

shall at once but not later than twelve hours after treatment was administered or application was made

report the fact to law enforcement. The report shall be made to the law enforcement agency within

whose jurisdiction the treatment was administered or application was made, or if ascertainable, to the

law enforcement agency in whose jurisdiction the burn or burn injury occurred, stating the name of such

person, the person's residence if ascertainable, and giving a brief description of the burn or burn injury.

Any provision of law or rule of evidence relative to confidential communications is suspended insofar as

the provisions of this section are concerned.

Kansas

KS 21-6319, Updated 2012

21-6319. Unlawful failure to report a wound.

(a) Unlawful failure to report a wound is, with no requirement of a culpable mental state, the

failure by an attending physician or other person to report such person's treatment of any of the

following wounds, to the office of the chief of police of the city or the office of the sheriff of the

county in which such treatment took place:

(1) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused

by the discharge of a firearm; or

(2) any wound which is likely to or may result in death and is apparently inflicted by a knife,

ice pick or other sharp or pointed instrument.

(b) Unlawful failure to report a wound is a class C misdemeanor.

Kentucky

KRS 209A.030, Updated 2013

209A.030b Administrative regulations -- Reports of abuse or neglect – Cabinet actions -- Penalty for

failure to report abuse or neglect.

(1) The secretary may promulgate administrative regulations in accordance with KRS Chapter 13A to

effect the purposes of this chapter. The secretary may offer or cause to be offered protective

services for safeguarding the welfare of an adult who has experienced abuse or neglect inflicted or

caused by a spouse. While the cabinet shall continue to have primary responsibility for

16  Victim Rights Law Center

Back to Index Skip to Appendix

investigation and the provision of protective services under this chapter, nothing in this chapter

shall restrict the powers of another authorized agency to act under its statutory authority.

(2) Any person, including but not limited to physician, law enforcement officer, nurse, social worker,

cabinet personnel, coroner, medical examiner, mental health professional, alternate care facility

employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse or

neglect, shall report or cause reports to be made in accordance with the provisions of this chapter.

Death of the adult does not relieve one of the responsibility for reporting the circumstances

surrounding the death.

(3) An oral or written report shall be made immediately to the cabinet upon knowledge of suspected

abuse or neglect of an adult.

(4) Any person making such a report shall provide the following information, if known:

(a) The name and address of the adult;

(b) The age of the adult;

neglect;

(d) The identity of the perpetrator, if known;

(e) The identity of the complainant, if possible; and

(f) Any other information that the person believes might be helpful in establishing the cause of

abuse or neglect.

(5) Upon receipt of the report, the cabinet shall take the following action:

(a) Notify the appropriate law enforcement agency, if indicated;

(b) Initiate an investigation of the complaint; and

action, if indicated.

(6) Any representative of the cabinet may enter any health facility or health service licensed by the

cabinet at any reasonable time to carry out the cabinet's responsibilities under this chapter.

(7) Any representative of the cabinet actively involved in the conduct of an abuse or neglect

investigation under subsection (5) of this section shall also be allowed access to the mental and

physical health records of the adult which are in the possession of any individual, hospital, or

other facility if necessary to complete the investigation mandated by this section.

(8) Any representative of the cabinet may with consent of the adult enter any private premises where

any adult alleged to be abused or neglected is found in order to investigate the need for

protective services for the purpose of carrying out the provisions of this chapter.

(9) If a determination has been made that protective services are necessary when indicated by the

investigation, the cabinet shall provide such services within budgetary limitations, except in such

cases where an adult chooses to refuse such services.

(10) In the event the adult elects to accept the protective services to be provided by the cabinet, no

other person shall interfere with the cabinet when rendering such services.

Mandatory Reporting of Non-Accidental Injuries  17

Back to Index Skip to Appendix

(11) Anyone knowingly or wantonly violating the provisions of subsection (2) of this section shall be

guilty of a Class B misdemeanor and penalized in accordance with KRS 532.090. Each violation

shall constitute a separate offense.

Louisiana

LRS 14:403.5

§403.5. Gunshot wounds; mandatory reporting

A. The purpose of this Section is to aid law enforcement in combating violent crime through the

rapid identification and reporting of all gunshot wounds or injuries treated by any medical

professionals, practitioners, or associated personnel.

B. In every case of a gunshot wound or injury presented for treatment to a medical professional,

practitioner, or associated person, that professional, practitioner, or associated person shall

make an oral notification to either the sheriff of the parish in which the wounded person was

presented for treatment, or the chief or superintendent of police in the municipality in which

the wounded person was presented for treatment immediately after complying with all

applicable state and federal laws, rules, and regulations related to the treatment of

emergencies and before the wounded person is released from the hospital. A written notation

of this action shall be made on the emergency record.

C. The provisions of this Section shall not apply to any wounds or injuries received from the firing

of an air gun.

D. Any report of a gunshot wound or injury required to be reported by this Section which does not

result in criminal prosecution shall not become public record and shall be destroyed by the law

enforcement agency receiving the information.

E. Any person who fails to file a report under this Section shall be fined not more than five

hundred dollars or imprisoned for not more than six months, or both. Any person who

knowingly files a false report under this Section shall be fined not more than five hundred

dollars or imprisoned for not more than six months, or both.

Maine

MRS 17-A §512, Updated 2013

§512. Failure to report treatment of a gunshot wound

1. A person is guilty of failure to report treatment of a gunshot wound if, being a health care

practitioner or emergency medical services person, that person treats a human being for a

wound apparently caused by the discharge of a firearm and knowingly fails to report the same

to a law enforcement agency immediately by the quickest means of communication.

[2009, c. 49, §1 (AMD) .]

2. Failure to report treatment of a gunshot wound is a Class E crime.

[1975, c. 499, §1 (NEW) .]

3. As used in this section, "health care practitioner" has the same meaning as in Title 24, section

2502, subsection 1-A, and "emergency medical services person" has the same meaning as in

Title 32, section 83, subsection 12.

[2009, c. 49, §2 (NEW) .]

18  Victim Rights Law Center

Back to Index Skip to Appendix

Maryland

MD HEALTH-GENERAL Code Ann. §20-703, Updated 2013

§ 20-703. Gunshot

(a) Required. -- A physician, pharmacist, dentist, or nurse who treats an individual for an injury that

was caused or shows evidence of having been caused by a gunshot of any type, or the individual

in charge of a hospital that treats the injured individual, shall notify the county sheriff, the

county police, or the Department of State Police of the injury as soon as practicable.

(b) Contents. -- A report of injury shall include:

(1) The injured individual's name and address, if known;

(2) A description of the injury; and

(3) Any other facts concerning the matter that might assist in detecting crime.

misdemeanor and on conviction is subject to a fine not exceeding $25.

Massachusetts

ALM Gl. Ch. 112 §12A

Section 12A. Every physician attending or treating a case of bullet wound, gunshot wound, powder burn

or any other injury arising from or caused by the discharge of a gun, pistol, BB gun, or other air rifle or

firearm, or examining or treating a person with a burn injury affecting five per cent or more of the

surface area of his body, or, whenever any such case is treated in a hospital, sanatorium or other

institution, the manager, superintendent or other person in charge thereof, shall report such case at

once to the colonel of the state police and to the police of the town where such physician, hospital,

sanatorium or institution is located or, in the case of burn injuries, notification shall be made at once to

the state fire marshal and to the police of the town where the burn injury occurred. This section shall

not apply to such wounds, burns or injuries received by any member of the armed forces of the United

States or of the commonwealth while engaged in the actual performance of duty. Every physician

attending or treating a case of wound or injury caused by a knife or sharp or pointed instrument shall, if

in his opinion a criminal act was involved, report such case forthwith to the police authorities of the

town in which he attended or treated such wound or injury. Whoever violates any provision of this

section shall be punished by a fine of not less than fifty nor more than one hundred dollars. The colonel

of state police shall make available to the commissioner of public health all reports regarding: (i) bullet

wounds, gunshot wounds, powder burns or any other injury arising from or caused by the discharge of a

rifle, shotgun, firearm or air rifle; (ii) burn injuries affecting 5 per cent or more of the surface area of the

human body; and (iii) wounds or injuries caused by a knife or other sharp or pointed instrument;

provided, however, that personal information identifying the victim or the perpetrator may be redacted

if the release of such information may compromise an investigation.

In cases of examination or treatment of a person with injuries resulting from opiate, illegal or illicit drug

overdose, a hospital, community health center or clinic shall report de-identified, aggregate information

in a manner to be determined in conjunction with the department of public health.

Section 12A1/2: Reporting of Rape or Sexual Assault Crimes; Confidentiality of Victim's Identity;

Penalty. Every physician attending, treating, or examining a victim of rape or sexual assault, or,

whenever any such case is treated in a hospital, sanatorium or other institution, the manager,

Mandatory Reporting of Non-Accidental Injuries  19

Back to Index Skip to Appendix

superintendent or other person in charge thereof, shall report such case at once to the criminal history

systems board and to the police of the town where the rape or sexual assault occurred but shall not

include the victim’s name, address, or any other identifying information. The report shall describe the

general area where the attack occurred.

Whoever violates any provision of this section shall be punished by a fine of not less than fifty dollars

nor more than one hundred dollars.

Michigan

MLC 750-411

750.411 Hospitals, pharmacies, physicians; duty to report injuries; violation as misdemeanor;

immunity; limitations.

Sec. 411. (1) A person, firm, or corporation conducting a hospital or pharmacy in this state, the

person managing or in charge of a hospital or pharmacy, or the person in charge of a

ward or part of a hospital to which 1 or more persons come or are brought suffering

from a wound or other injury inflicted by means of a knife, gun, pistol, or other deadly

weapon, or by other means of violence, has a duty to report that fact immediately, both

by telephone and in writing, to the chief of police or other head of the police force of

the village or city in which the hospital or pharmacy is located, or to the county sheriff if

the hospital or pharmacy is located outside the incorporated limits of a village or city.

The report shall state the name and residence of the person, if known, his or her

whereabouts, and the cause, character, and extent of the injuries and may state the

identification of the perpetrator, if known.

(6) A physician or surgeon who has under his or her charge or care a person suffering from

a wound or injury inflicted in the manner described in subsection (1) has a duty to

report that fact in the same manner and to the same officer as required by subsection

(1).

(3) A person, firm, or corporation that violates this section is guilty of a misdemeanor.

(4) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401

to 691.1415, a person who makes a report in good faith under subsection (1) or (2) or

who cooperates in good faith in an investigation, civil proceeding, or criminal

proceeding conducted as a result of such a report is immune from civil or criminal

liability that would otherwise be incurred by making the report or cooperating in the

investigation or civil or criminal proceeding. A person who makes a report under

subsection (1) or (2) or who cooperates in an investigation, civil proceeding, or criminal

proceeding conducted as a result of such a report is presumed to have acted in good

faith. The presumption created by this subsection may be rebutted only by clear and

convincing evidence.

(5) The immunity from civil and criminal liability granted under subsection (4) extends only

to the actions described in subsection (4) and does not extend to another act or

omission that is negligent or that amounts to professional malpractice, or both, and that

causes personal injury or death.

(6) The physician-patient privilege created under section 2157 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.2157, a health professional-patient privilege created

under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,

20  Victim Rights Law Center

Back to Index Skip to Appendix

and any other health professional-patient privilege created or recognized by law do not

apply to a report made under subsection (1) or (2), are not valid reasons for a failure to

comply with subsection (1) or (2), and are not a defense to a misdemeanor charge filed

under this section.

Minnesota

Minn Stat § 626.52, Updated 2013

626.52 REPORTING SUSPICIOUS WOUNDS BY HEALTH PROFESSIONALS.

Subdivision 1. Definition.

As used in this section, "health professional" means a physician, surgeon, person authorized to engage

in the practice of healing, superintendent or manager of a hospital, nurse, or pharmacist.

Subd. 2. Health professionals required to report.

A health professional shall immediately report, as provided under section 626.53, to the local police

department or county sheriff all bullet wounds, gunshot wounds, powder burns, or any other injury

arising from, or caused by the discharge of any gun, pistol, or any other firearm, which wound the health

professional is called upon to treat, dress, or bandage.

A health professional shall report to the proper police authorities any wound that the reporter has

reasonable cause to believe has been inflicted on a perpetrator of a crime by a dangerous weapon other

than a firearm as defined under section 609.02, subdivision 6.

Subd. 3. Reporting burns.

A health professional shall file a written report with the state fire marshal within 72 hours after being

notified of a burn injury or wound that the professional is called upon to treat, dress, or bandage, if the

victim has sustained second- or third-degree burns to five percent or more of the body, the victim has

sustained burns to the upper respiratory tract or sustained laryngeal edema from inhaling superheated

air, or the victim has sustained a burn injury or wound that may result in the victim's death. The state

fire marshal shall provide the form for the report.

Subd. 4. Immunity from liability.

Any person reporting in good faith and exercising due care shall have immunity from any liability, civil or

criminal, that otherwise might result by reason of the person's actions pursuant to this section or

section 626.53. No cause of action may be brought against any person for not making a report pursuant

to this section or section 626.53.

Mississippi

Miss. Code § 45-9-31, Updated 2013

§ 45-9-31. Medical personnel required to report injuries from gunshots, knifings, and hunting or

boating accidents. Any physician, surgeon, dentist, veterinarian, paramedical employee, or nurse, or

any employee of a hospital, clinic, or any other medical institution or office where patients regularly

receive care, who treats, at any location, any human being suffering from a wound or injury and who has

reason to believe or ought to know that the wound or injury was caused by gunshot or knifing, or

receiving a request for such treatment, shall report the same immediately to the municipal police

department or sheriff's office of the municipality or county in which such treatment is administered or

request for such treatment is received. If the wound or injury is the result of a hunting or boating

Mandatory Reporting of Non-Accidental Injuries  21

Back to Index Skip to Appendix

accident, the injury shall be reported immediately to the Mississippi Department of Wildlife, Fisheries

and Parks.

Any person making a report or the reports required by this section shall be immune from civil liability for

the making of the said reports.

Missouri

MO Rev. Stat. § 578.350, Updated 2013

578.350. Gunshot wounds--physicians, nurses, therapists, duty to report, content—violation, penalty.

1. Any person licensed under chapter 334 or 335 who treats a person for a wound inflicted by

gunshot shall immediately report to a local law enforcement official the name and address of

the person, if known, and if unknown, a description of the person, together with an

explanation of the nature of the wound and the circumstances under which the treatment was

rendered.

2. Any person licensed under chapter 334 or 335 who knowingly fails to report the injuries

described in this section is guilty of the offense of medical deception.

3. Medical deception is an infraction.

Montana

Mont. Code § 37-2-302, Updated 2013

37-2-302. Gunshot or stab wounds to be reported. The physician, nurse, or other person licensed to

practice a health care profession treating the victim of a gunshot wound or stabbing shall make a report

to a law enforcement officer by the fastest possible means. Within 24 hours after initial treatment or

first observation of the wound, a written report shall be submitted, including the name and address of

the victim, if known, and shall be sent by regular mail.

Nebraska

Neb. Rev. Stat. § 28-902

28-902. Failure to report injury of violence; physician or surgeon; emergency room or first-aid station

attendant; penalty.

(1) Every person engaged in the practice of medicine and surgery, or who is in charge of any

emergency room or first-aid station in this state, shall report every case, in which he is consulted

for treatment or treats a wound or injury of violence which appears to have been received in

connection with the commission of a criminal offense, immediately to the chief of police of the

municipality or to the sheriff of the county wherein the consultation or treatment occurs. Such

report shall include the name of such person, the residence, if ascertainable, and a brief

description of the injury. Any provision of law or rule of evidence relative to confidential

communications is suspended insofar as the provisions of this section are concerned.

(2) Any person who fails to make the report required by subsection (1) of this section commits a

Class III misdemeanor.

22  Victim Rights Law Center

Back to Index Skip to Appendix

Nevada

Nev. Rev. Stat. § 629.041; Nev. Rev. Stat. § 629.045

NRS 629.041. Provider of health care to report persons having certain injuries.

Every provider of health care to whom any person comes or is brought for treatment of an injury which

appears to have been inflicted by means of a firearm or knife, not under accidental circumstances, shall

promptly report the person’s name, if known, his or her location and the character and extent of the

injury to an appropriate law enforcement agency.

(Added to NRS by 1977, 239)

NRS 629.045. Provider of health care to report persons having certain burns.

(1) Every provider of health care to whom any person comes or is brought for the treatment of:

(a) Second or third degree burns to 5 percent or more of the body;

(b) Burns to the upper respiratory tract or laryngeal edema resulting from the inhalation of

heated air; or

 shall promptly report that information to the appropriate local fire department.

(2) The report required by subsection 1 must include:

(a) The name and address of the person treated, if known;

(b) The location of the person treated; and

(3) A person required to make a report pursuant to subsection 1 shall, within 3 working days after

treating the person, submit a written report to:

(a) The appropriate local fire department in counties whose population is 45,000 or more;

(b) The State Fire Marshal in counties whose population is less than 45,000.

 The report must be on a form provided by the State Fire Marshal.

(4) A provider of health care and his or her agents and employees are immune from any civil action

for any disclosures made in good faith in accordance with the provisions of this section or any

consequential damages.

New Hampshire

N.H. Rev. Stat. § 631:6

631:6 Failure to Report Injuries.

I. Except as provided in paragraph II, a person is guilty of a misdemeanor if, having knowingly

treated or assisted another for a gunshot wound or for any other injury he believes to have

been caused by a criminal act, he fails immediately to notify a law enforcement official of all

the information he possesses concerning the injury.

II. A person who has rendered treatment or assistance is excepted from the reporting provisions

of paragraph I if the person seeking or receiving treatment or other assistance: (a) is 18 years of

age or older, (b) has been a victim of a sexual assault offense or abuse as defined in RSA 173-

Mandatory Reporting of Non-Accidental Injuries  23

Back to Index Skip to Appendix

B:1, and (c) objects to the release of any information to law enforcement officials. This

exception shall not apply if the sexual assault or abuse victim is also being treated for a gunshot

wound or other serious bodily injury.

New Jersey

N.J. Stat. § 2C:58-8, Updated 2013

2C:58-8. Certain Wounds and Injuries to be Reported.

a. Every case of a wound, burn or any other injury arising from or caused by a firearm, destructive

device, explosive or weapon shall be reported at once to the law enforcement agency of the

municipality where the person reporting is located and to the Division of State Police by the

physician consulted, attending or treating the case or the administrator or administrator's

designee, whenever such case is presented for treatment or treated in a general hospital

licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

This subsection shall not, however, apply to wounds, burns or injuries received by a member of

the armed forces of the United States or the State of New Jersey while engaged in the actual

performance of duty.

b. Every case which contains the criteria defined in this subsection shall be reported at once to

the law enforcement agency of the municipality where the person reporting is located, or to

the Division of State Police, by the physician consulted, attending, or treating the injury, or by

the administrator or administrator's designee, whenever such case is presented for treatment

or treated in a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or

an office where medical care is provided. This subsection shall not apply to injuries received by

a member of the armed forces of the United States or the State of New Jersey while engaged in

the actual performance of duty.

The defined criteria shall consist of a flame burn injury accompanied by one or more of the

following factors:

(1) A fire accelerant was used in the incident causing the injury and the presence of an

accelerant creates a reasonable suspicion that the patient committed arson in

violation of N.J.S.2C:17-1.

(2) Treatment for the injury was sought after an unreasonable delay of time.

(3) Changes or discrepancies in the account of the patient or accompanying person

concerning the cause of the injury which creates a reasonable suspicion that the

patient committed arson in violation of N.J.S.2C:17-1.

(4) Voluntary statement by the patient or accompanying person that the patient was

injured during the commission of arson in violation of N.J.S.2C:17-1.

(5) Voluntary statement by the patient or accompanying person that the patient was

injured during a suicide attempt or the commission of criminal homicide in violation

of N.J.S.2C:11-1.

(6) Voluntary statement by the patient or accompanying person that the patient has

exhibited fire setting behavior prior to the injury or has received counseling for such

behavior.

24  Victim Rights Law Center

Back to Index Skip to Appendix

(7) Any other factor determined by the bureau of fire safety in the Department of

Community Affairs from information in the burn patient arson registry established

under section 4 of P.L.1991, c.433 (C.52:27D-25d3) to typify a patient whose injuries

were caused during the commission of arson in violation of N.J.S.2C:17-1.

New Mexico

No mandatory reporting statute for non-accidental injuries.

New York

NY CLS Penal § 265.25; NY CLS Penal § 265.26

§ 265.25 Certain wounds to be reported.

Every case of a bullet wound, gunshot wound, powder burn or any other injury arising from or caused

by the discharge of a gun or firearm, and every case of a wound which is likely to or may result in

death and is actually or apparently inflicted by a knife, icepick or other sharp or pointed instrument,

shall be reported at once to the police authorities of the city, town or village where the person reporting

is located by:

(a) the physician attending or treating the case; or

(b) the manager, superintendent or other person in charge, whenever such case is treated in a

hospital, sanitarium or other institution. Failure to make such report is a class A misdemeanor.

This subdivision shall not apply to such wounds, burns or injuries received by a member of

the armed forces of the United States or the state of New York while engaged in the actual

performance of duty.

§ 265.26 Burn injury and wounds to be reported.

Every case of a burn injury or wound, where the victim sustained second or third degree burns to five

percent or more of the body and/or any burns to the upper respiratory tract or laryngeal edema due

to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may

result in death, shall be reported at once to the office of fire prevention and control. The state fire

administrator shall accept the report and notify the proper investigatory agency. A written report shall

also be provided to the office of fire prevention and control within seventy-two hours. The report shall

be made by (a)the physician attending or treating the case; or (b) the manager, superintendent or

other person in charge, whenever such case is treated in a hospital, sanitarium, institution or other

medical facility.

The intentional failure to make such report is a class A misdemeanor.

North Carolina

N.C. Gen. Stat. § 90-21.20, Updated 2013

§ 90-21.20. Reporting by physicians and hospitals of wounds, injuries and illnesses.

(a) Such cases of wounds, injuries or illnesses as are enumerated in subsection (b) shall be reported

as soon as it becomes practicable before, during or after completion of treatment of a person

suffering such wounds, injuries, or illnesses. If such case is treated in a hospital, sanitarium or

other medical institution or facility, such report shall be made by the Director, Administrator, or

Mandatory Reporting of Non-Accidental Injuries  25

Back to Index Skip to Appendix

other person designated by the Director or Administrator, or if such case is treated elsewhere,

such report shall be made by the physician or surgeon treating the case, to the chief of police or

the police authorities of the city or town of this State in which the hospital or other institution,

or place of treatment is located. If such hospital or other institution or place of treatment is

located outside the corporate limits of a city or town, then the report shall be made by the

proper person in the manner set forth above to the sheriff of the respective county or to one of

his deputies.

(b) Cases of wounds, injuries or illnesses which shall be reported by physicians, and hospitals

include every case of a bullet wound, gunshot wound, powder burn or any other injury arising

from or caused by, or appearing to arise from or be caused by, the discharge of a gun or firearm,

every case of illness apparently caused by poisoning, every case of a wound or injury caused, or

apparently caused, by a knife or sharp or pointed instrument if it appears to the physician or

surgeon treating the case that a criminal act was involved, and every case of a wound, injury or

illness in which there is grave bodily harm or grave illness if it appears to the physician or

surgeon treating the case that the wound, injury or illness resulted from a criminal act of

violence.

wounded, ill or injured person, if known, and the age, sex, race, residence or present location, if

known, and the character and extent of his injuries.

(c1) In addition to the reporting requirements of subsection (b) of this section, cases involving

recurrent illness or serious physical injury to any child under the age of 18 years where the

illness or injury appears, in the physician's professional judgment, to be the result of non-

accidental trauma shall be reported by the physician as soon as it becomes practicable before,

during, or after completion of treatment. If the case is treated in a hospital, sanitarium, or other

medical institution or facility, the report shall be made by the Director, Administrator, or other

person designated by the Director or Administrator of the medical institution or facility, or if the

case is treated elsewhere, the report shall be made by the physician or surgeon treating the case

to the chief of police or the police authorities of the city or town in this State in which the

hospital or other institution or place of treatment is located. If the hospital or other institution

or place of treatment is located outside the corporate limits of a city or town, then the report

shall be made by the proper person in the manner set forth above to the sheriff of the

respective county or to one of the sheriff's deputies. This reporting requirement is in addition to

the duty set forth in G.S. 7B-301 to report child abuse, neglect, dependence, or the death of any

juvenile as the result of maltreatment to the director of the department of social services in the

county where the juvenile resides or is found.

(d) Any hospital, sanitarium, or other like institution or Director, Administrator, or other designated

person, or physician or surgeon participating in good faith in the making of a report pursuant to

this section shall have immunity from any liability, civil or criminal, that might otherwise be

incurred or imposed as the result of the making of such report. (1971, c. 4; 1977, c. 31; c. 843, s.

2; 2008-179, s. 1.)

26  Victim Rights Law Center

Back to Index Skip to Appendix

North Dakota

N.D. Gen. Code § 43-17-41

43-17-41. Duty of physicians and others to report injury—Penalty.

1. Any physician, physician assistant, naturopath licensed under chapter 43-58, or any individual

licensed under chapter 43-12.1 who performs any diagnosis or treatment for any individual

suffering from any wound, injury, or other physical trauma:

a. Inflicted by the individual's own act or by the act of another by means of a knife, gun, or

pistol shall as soon as practicable report the wound, injury, or trauma to a law

enforcement agency in the county in which the care was rendered; or

b. Which the individual performing diagnosis or treatment has reasonable cause to suspect

was inflicted in violation of any criminal law of this state, shall as soon as practicable

report the wound, injury, or trauma to a law enforcement agency in the county in which

the care was rendered.

2. The report under subsection 1 must state the name of the injured individual and the character

and extent of the individual's injuries.

3. When a report of domestic violence, as defined in section 14-07.1-01, or a report of physical

injury resulting from a sexual offense, as defined in chapter 12.1-20, is made to a law

enforcement agency as required by this section, the injured individual must be provided with

information regarding a domestic violence sexual assault organization as defined in section 14-

07.1-01 or other victims' assistance program by the physician, physician assistant, naturopath,

or any individual licensed under chapter 43-12.1, unless it is known that the information has

previously been provided to the injured individual.

4. The reports mandated by this section must be made as soon as practicable and may be either

oral or in writing. Oral reports must be followed by written reports within forty-eight hours if so

requested by the sheriff or state's attorney to whom the oral report is originally made.

5. Any individual required to report as provided by this section who willfully fails to do so is guilty

of an infraction.

6. Any individual making or not making a report in good faith pursuant to this section is immune

from liability for making or not making a report.

Northern Mariana Islands

1 CMC § 3105

§3105 Duty to Report Wounds or Deaths.

(a) Every person who gains knowledge of a rape, aggravated assault, or death or injury resulting from a

knife wound, bullet wound, powder burn, or other cause sustained in a suspicious or unusual

manner or under conditions suggesting poisoning or violence, shall make a report of it immediately,

and in any case within five days of obtaining such knowledge, to the nearest law enforcement

official or to any police officer or to the Director of Public Safety. The report shall state:

(1) The name and location of the injured or deceased person;

(2) The date of injury or death, or date of gaining knowledge of it by the informant, if the date of

injury or death is unknown;

(3) The cause and manner of injury or death; and

Mandatory Reporting of Non-Accidental Injuries  27

Back to Index Skip to Appendix

(4) The name of the person causing injury or death, if known.

(b) No person making a report in compliance with this section is deemed to have violated the

confidential relationship existing between doctor and patient.

law enforcement official, any police officer, or the Director of Public Safety and shall:

(1) Provide his or her own name and address

(2) The nature of the offense;

(3) The approximate date, time, and location of the offense; and

(4) Identification or description of any known participants in the offense.

(d) Copies of the report shall be furnished without charge to the public defender upon request after

charges have been filed in court

(e) A person convicted of violating this section may be punished by imprisonment for not more than six

months, or by a fine of not more than $500, or both.

Ohio

ORC § 2921.22, Updated 2013

2921.22 Failure to report a crime or knowledge of a death or burn injury.

(A) (1) Except as provided in division (A)(2) of this section, no person, knowing that a felony has been or

is being committed, shall knowingly fail to report such information to law enforcement

authorities.

(2) No person, knowing that a violation of division (B) of section 2913.04 of the Revised Code has

been, or is being committed or that the person has received information derived from such a

violation, shall knowingly fail to report the violation to law enforcement authorities.

(B) Except for conditions that are within the scope of division (E) of this section, no physician, limited

practitioner, nurse, or other person giving aid to a sick or injured person shall negligently fail to

report to law enforcement authorities any gunshot or stab wound treated or observed by the

physician, limited practitioner, nurse, or person, or any serious physical harm to persons that the

physician, limited practitioner, nurse, or person knows or has reasonable cause to believe resulted

from an offense of violence.

to report the death immediately to a physician whom the person knows to be treating the deceased

for a condition from which death at such time would not be unexpected, or to a law enforcement

officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which

the body is discovered, the death is believed to have occurred, or knowledge concerning the death

is obtained.

(D) No person shall fail to provide upon request of the person to whom a report required by division (C)

of this section was made, or to any law enforcement officer who has reasonable cause to assert the

authority to investigate the circumstances surrounding the death, any facts within the person's

knowledge that may have a bearing on the investigation of the death.

(E) (1) As used in this division, "burn injury" means any of the following:

28  Victim Rights Law Center

Back to Index Skip to Appendix

(a) Second or third degree burns;

(b) Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of

superheated air;

(d) Any physical harm to persons caused by or as the result of the use of fireworks, novelties

and trick noisemakers, and wire sparklers, as each is defined by section 3743.01 of the

Revised Code.

(2) No physician, nurse, or limited practitioner who, outside a hospital, sanitarium, or other medical

facility, attends or treats a person who has sustained a burn injury that is inflicted by an

explosion or other incendiary device or that shows evidence of having been inflicted in a violent,

malicious, or criminal manner shall fail to report the burn injury immediately to the local arson,

or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in

which the person is attended or treated, or otherwise to local law enforcement authorities.

(3) No manager, superintendent, or other person in charge of a hospital, sanitarium, or other

medical facility in which a person is attended or treated for any burn injury that is inflicted by an

explosion or other incendiary device or that shows evidence of having been inflicted in a violent,

malicious, or criminal manner shall fail to report the burn injury immediately to the local arson,

or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in

which the person is attended or treated, or otherwise to local law enforcement authorities.

(4) No person who is required to report any burn injury under division (E)(2) or (3) of this section

shall fail to file, within three working days after attending or treating the victim, a written report

of the burn injury with the office of the state fire marshal. The report shall comply with the

uniform standard developed by the state fire marshal pursuant to division (A)(15) of section

3737.22 of the Revised Code.

(5) Anyone participating in the making of reports under division (E) of this section or anyone

participating in a judicial proceeding resulting from the reports is immune from any civil or

criminal liability that otherwise might be incurred or imposed as a result of such actions.

Notwithstanding section 4731.22 of the Revised Code, the physician-patient relationship is not a

ground for excluding evidence regarding a person's burn injury or the cause of the burn injury in

any judicial proceeding resulting from a report submitted under division (E) of this section.

(F) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or

licensed practical nurse, psychologist, social worker, independent social worker, social work

assistant, professional clinical counselor, or professional counselor who knows or has

reasonable cause to believe that a patient or client has been the victim of domestic violence, as

defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the

basis for it in the patient's or client's records.

(2) Notwithstanding section 4731.22 of the Revised Code, the doctor-patient privilege shall not be a

ground for excluding any information regarding the report containing the knowledge or belief

noted under division (F)(1) of this section, and the information may be admitted as evidence in

accordance with the Rules of Evidence.

(G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the

following applies:

Mandatory Reporting of Non-Accidental Injuries  29

Back to Index Skip to Appendix

(1) The information is privileged by reason of the relationship between attorney and client; doctor

and patient; licensed psychologist or licensed school psychologist and client; member of the

clergy, rabbi, minister, or priest and any person communicating information confidentially to the

member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a

professional character; husband and wife; or a communications assistant and those who are a

party to a telecommunications relay service call.

(2) The information would tend to incriminate a member of the actor's immediate family.

(3) Disclosure of the information would amount to revealing a news source, privileged under

section 2739.04 or 2739.12 of the Revised Code.

(4) Disclosure of the information would amount to disclosure by a member of the ordained clergy of

an organized religious body of a confidential communication made to that member of the clergy

in that member's capacity as a member of the clergy by a person seeking the aid or counsel of

that member of the clergy.

(5) Disclosure would amount to revealing information acquired by the actor in the course of the

actor's duties in connection with a bona fide program of treatment or services for drug

dependent persons or persons in danger of drug dependence, which program is maintained or

conducted by a hospital, clinic, person, agency, or services provider certified pursuant to section

5119.36 of the Revised Code.

(6) Disclosure would amount to revealing information acquired by the actor in the course of the

actor's duties in connection with a bona fide program for providing counseling services to

victims of crimes that are violations of section 2907.02 or 2907.05 of the Revised Code or to

victims of felonious sexual penetration in violation of former section 2907.12 of the Revised

Code. As used in this division, "counseling services" include services provided in an informal

setting by a person who, by education or experience, is competent to provide those services.

(H) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a

breach of privilege or confidence.

(I) Whoever violates division (A) or (B) of this section is guilty of failure to report a crime. Violation of

division (A)(1) of this section is a misdemeanor of the fourth degree. Violation of division (A)(2) or

(B) of this section is a misdemeanor of the second degree.

(J) Whoever violates division (C) or (D) of this section is guilty of failure to report knowledge of a death,

a misdemeanor of the fourth degree.

(K) (1) Whoever negligently violates division (E) of this section is guilty of a minor misdemeanor.

(2) Whoever knowingly violates division (E) of this section is guilty of a misdemeanor of the second

degree.

Oklahoma

22 Okl. Stat. § 22-40

§22-40. Definitions.

As used in Sections 40 through 40.3 of this title:

1. "Rape" means an act of sexual intercourse accomplished with a person pursuant to Sections

1111, 1111.1 and 1114 of Title 21 of the Oklahoma Statutes; and

30  Victim Rights Law Center

Back to Index Skip to Appendix

2. "Forcible sodomy" means the act of forcing another person to engage in the detestable and

abominable crime against nature pursuant to Sections 886 and 887 of Title 21 of the Oklahoma

Statutes that is punishable under Section 888 of Title 21 of the Oklahoma Statutes.

§22-40.3A. Reporting of rape, sodomy, or sexual assault incidents –Referral of victim to services

programs – Production of records to law enforcement officers.

A. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health

care professional examining, attending, or treating the victim of what appears to be or is reported

by the victim to be rape, rape by instrumentation or forcible sodomy, as defined in Section 1111,

1111.1 or 888 of Title 21 of the Oklahoma Statutes or any form of sexual assault, shall not be

required to report any incident of what appears to be or is reported to be such crimes if:

1. Committed upon a person who is over the age of eighteen (18) years; and

2. The person is not an incapacitated adult.

B. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health

care professional examining, attending, or treating a victim shall be required to report any

incident of what appears to be or is reported to be rape, rape by instrumentation, forcible sodomy

or any form of sexual assault, if requested to do so either orally or in writing by the victim and

shall be required to inform the victim of the victim's right to have a report made. A requested

report of any incident shall be promptly made orally or by telephone to the nearest law

enforcement agency in the county wherein the sexual assault occurred or, if the location where

the sexual assault occurred is unknown, the report shall be made to the law enforcement agency

nearest to the location where the injury is treated.

C. In all cases of what appears to be or is reported to be rape, rape by instrumentation, forcible

sodomy or any form of sexual assault, the physician, surgeon, resident, intern, physician assistant,

registered nurse, or any other health care professional examining, attending, or treating the victim

of what appears to be such crimes, shall clearly and legibly document the incident and injuries

observed and reported, as well as any treatment provided or prescribed.

D. In all cases of what appears to be or is reported to be rape, rape by instrumentation, forcible

sodomy or any form of sexual assault, the physician, surgeon, resident, intern, physician assistant,

registered nurse, or any other health care professional examining, attending, or treating the victim

of what appears to be rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, shall refer the victim to sexual assault and victim services programs, including providing

the victim with twenty-four-hour statewide telephone communication service established by

Section 18p-5 of Title 74 of the Oklahoma Statutes.

E. Every physician, surgeon, resident, intern, physician assistant, registered nurse, or any other

health care professional making a report of rape, rape by instrumentation, forcible sodomy or any

form of sexual assault pursuant to this section or examining such victims to determine the

likelihood of such crimes, and every hospital or related institution in which the victims were

examined or treated shall, upon the request of a law enforcement officer conducting a criminal

investigation into the case, provide to the officer copies of the results of the examination or copies

of the examination on which the report was based, and any other clinical notes, X-rays,

photographs, and other previous or current records relevant to the case.

Mandatory Reporting of Non-Accidental Injuries  31

Back to Index Skip to Appendix

§ 22-58 Mandatory reporting of domestic abuse - Exceptions.

A. Criminally injurious conduct, as defined by the Oklahoma Crime Victims Compensation Act, which

appears to be or is reported by the victim to be domestic abuse, as defined in Section 60.1 of this

title, or domestic abuse by strangulation, domestic abuse resulting in great bodily harm, or domestic

abuse in the presence of a child, as defined in Section 644 of Title 21 of the Oklahoma Statutes, shall

be reported according to the standards for reporting as set forth in subsection B of this section.

B. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health

care professional examining, attending, or treating the victim of what appears to be domestic abuse

or is reported by the victim to be domestic abuse, as defined in Section 60.1 of this title, or domestic

abuse by strangulation, domestic abuse resulting in great bodily harm, or domestic abuse in the

presence of a child, as defined in Section 644 of Title 21 of the Oklahoma Statutes, shall not be

required to report any incident of what appears to be or is reported to be domestic abuse, domestic

abuse by strangulation, domestic abuse resulting in great bodily harm, or domestic abuse in the

presence of a child if:

1. Committed upon the person of an adult who is over the age of eighteen (18) years; and

2. The person is not an incapacitated adult.

C. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health

care professional examining, attending, or treating a victim shall be required to report any incident

of what appears to be or is reported to be domestic abuse, domestic abuse by strangulation,

domestic abuse resulting in great bodily harm, or domestic abuse in the presence of a child, if

requested to do so either orally or in writing by the victim. A report of any incident shall be

promptly made orally or by telephone to the nearest law enforcement agency in the county wherein

the domestic abuse occurred or, if the location where the conduct occurred is unknown, the report

shall be made to the law enforcement agency nearest to the location where the injury is treated.

D. In all cases of what appears to be or is reported to be domestic abuse, the physician, surgeon,

resident, intern, physician assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be domestic abuse shall clearly and

legibly document the incident and injuries observed and reported, as well as any treatment

provided or prescribed.

E. In all cases of what appears to be or is reported to be domestic abuse, the physician, surgeon,

resident, intern, physician assistant, registered nurse, or any other health care professional

examining, attending or treating the victim of what appears to be domestic abuse shall refer the

victim to domestic violence and victim services programs, including providing the victim with the

twenty-four-hour statewide telephone communication service established by Section 18p-5 of Title

74 of the Oklahoma Statutes.

F. Every physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health

care professional making a report of domestic abuse pursuant to this section or examining a victim

of domestic abuse to determine the likelihood of domestic abuse, and every hospital or related

institution in which the victim of domestic abuse was examined or treated shall, upon the request of

32  Victim Rights Law Center

Back to Index Skip to Appendix

a law enforcement officer conducting a criminal investigation into the case, provide copies of the

results of the examination or copies of the examination on which the report was based, and any

other clinical notes, x-rays, photographs, and other previous or current records relevant to the case

to the investigating law enforcement officer.

Oregon

OR Rev. Stat. § 146.750

Updated 2013

146.750 Injuries to be reported to law enforcement agency.

(1) Except as required in subsection (3) of this section, a physician, including an intern and resident,

or a registered nurse licensed under ORS 678.010 to 678.410, who has reasonable cause to

suspect that a person brought to the physician or registered nurse or coming before the

physician or registered nurse for examination, care or treatment has had injury, as defined in

ORS 146.710, inflicted upon the person other than by accidental means, shall report or cause

reports to be made in accordance with the provisions of subsection (2) of this section.

(2) An oral report must be made immediately by telephone or otherwise, and followed as soon

thereafter as possible by a report in writing, to an appropriate law enforcement agency.

(3) When an injury as defined in ORS 146.710 or abuse as defined in ORS 419B.005 occurs to an

unmarried person who is under 18 years of age, the provisions of ORS 419B.005 to 419B.050

apply.

146.760 Immunity of participant in making of report.

Anyone participating in good faith in the making of a report pursuant to ORS 146.750 and who has

reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that

might otherwise be incurred or imposed with respect to the making of such report. Any such participant

shall have the same immunity with respect to participation in any judicial proceeding resulting from

such report. [1965 c.472 §5; 1971 c.451 §13; 1989 c.171 §20]

Pennsylvania

18 PA Con. Stat. § 5106

§ 5106. Failure to report injuries by firearm or criminal act.

(a) Offense defined.--Except as set forth in subsection (a.1), a physician, intern or resident, or any

person conducting, managing or in charge of any hospital or pharmacy, or in charge of any ward

or part of a hospital, to whom shall come or be brought any person:

(1) suffering from any wound or other injury inflicted by his own act or by the act of another

which caused death or serious bodily injury, or inflicted by means of a deadly weapon as

defined in section 2301 (relating to definitions); or

(2) upon whom injuries have been inflicted in violation of any penal law of this

Commonwealth; commits a summary offense if the reporting party fails to report such

injuries immediately, both by telephone and in writing, to the chief of police or other head

of the police department of the local government, or to the Pennsylvania State Police. The

report shall state the name of the injured person, if known, the injured person's

whereabouts and the character and extent of the person's injuries.

Mandatory Reporting of Non-Accidental Injuries  33

Back to Index Skip to Appendix

(a.1) Exception.--In cases of bodily injury as defined in section 2301 (relating to definitions), failure

to report under subsection (a)(2) does not constitute an offense if all of the following apply:

(1) The victim is an adult and has suffered bodily injury.

(2) The injury was inflicted by an individual who:

(i) is the current or former spouse of the victim;

(ii) is a current or former sexual or intimate partner of the victim;

(iii) shares biological parenthood with the victim; or

(iv) is or has been living as a spouse of the victim.

(3) The victim has been informed:

(i) of the duty to report under subsection (a)(2); and

(ii) that the report under subsection (a)(2) cannot be made without the victim's consent.

(4) The victim does not consent to the report under subsection (a)(2).

(5) The victim has been provided with a referral to the appropriate victim service agency such

as a domestic violence or sexual assault program.

(b) Immunity granted.--No physician or other person shall be subject to civil or criminal liability by

reason of complying with this section.

pursuant to this section, the physician-patient privilege shall not apply in respect to evidence

regarding such injuries or the cause thereof. This subsection shall not apply where a report is

not made pursuant to subsection (a.1).

(d) Reporting of crime encouraged.--Nothing in this chapter precludes a victim from reporting the

crime that resulted in injury.

(e) Availability of information.--A physician or other individual may make available information

concerning domestic violence or sexual assault to any individual subject to the provisions of this

chapter.

(Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

Puerto Rico

25 L.P.R.A. § 458m

§ 458m. Reports of medical assistance to injured persons. Any person, including health professionals,

who treats a bullet wound or a burn produced by gunpowder, as well as any other wound caused by the

firing of any firearm, whether in, or outside of a hospital, clinic, sanitarium or other similar institution,

shall notify said case immediately to the police district or precinct in whose jurisdiction the service has

been provided. In the event it is in a hospital or similar institution, the person shall notify the case to the

administrator or person in charge of the institution, to notify the authorities. Failure to notify the

rendering of this service shall constitute a misdemeanor, and upon conviction thereof, the person shall

be punished with a fine of up to five thousand dollars ($5,000).

34  Victim Rights Law Center

Back to Index Skip to Appendix

The Superintendent shall investigate every report of treatments, and shall proceed to file criminal

charges if justified, and shall keep a detailed register of the results thereof, in order to keep a statistical

record of the reports of medical treatments.

Rhode Island

R.I Gen Laws § 11-47-48; R.I Gen Laws § 23-28.2-24

§ 11-47-48 Report of gunshot wounds. Every physician attending or treating a case of bullet wound,

gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun,

pistol, or other firearm, or whenever any case is treated in a hospital, sanitarium, dispensary, or other

institution the person in charge of it, shall report the case at once to the police authorities of the town

or city where the physician, hospital, sanitarium, dispensary or institution is located. This section shall

not apply to wounds, burns, or injuries received by any member of the armed forces of the United

States or of this state while engaged in the actual performance of duty. Whoever violates any provision

of this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one

hundred dollars ($100).

§ 23-28.2-24 Burn injury reporting law.

(a) Every case of a burn injury or wound, where the victim sustained second or third degree burns

to five percent (5%) or more of the body and/or any burns to the upper-respiratory tract or

laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or

wound which is likely to or may result in death, shall be reported at once to the office of the

state fire marshal. The state fire marshal shall accept the report and notify the proper

investigatory agency. A written report shall also be provided to the office of the state fire

marshal within ten (10) days after a request from that office. The report shall be made by (1) the

physician attending or treating the case; or (2) the manager, superintendent or other person in

charge, whenever the case is treated in a hospital, sanitarium, institution, or other medical

facility.

(b) Whoever violates any provision of this section shall be punished by a fine of not less than fifty

dollars ($50.00) nor more than one hundred dollars ($100).

South Carolina

S.C. Code § 16-3-1072, Updated 2013

SECTION 16-3-1072. Reporting medical treatment for gunshot wound; immunity; physician-patient

privilege abrogated; penalties.

(A) Any physician, nurse, or any other medical or emergency medical services personnel of a

hospital, clinic, or other health care facility or provider who knowingly treats any person

suffering from a gunshot wound or who receives a request for such treatment shall report

within a reasonable time the existence of the gunshot wound to the sheriff's department of the

county in which the treatment is administered or a request is received. However, no report is

necessary if a law enforcement officer is present with the victim while treatment is being

administered.

(B) The reports provided for in subsection (A) may be made orally, or otherwise. A hospital, clinic, or

other health care facility or provider may designate an individual to make the reports provided

Mandatory Reporting of Non-Accidental Injuries  35

Back to Index Skip to Appendix

for in this section. However, a report must be made as soon as possible, but no later than the

time of the victim's release from that facility.

proceedings resulting from the report, acting in good faith, is immune from civil and criminal

liability which might otherwise result by reason of these actions. In all such civil and criminal

proceedings, good faith is rebuttably presumed.

(D) For purposes of this section, the confidential or privileged nature of communication between

physician and patient and any other professional person and his patient or client is abrogated

and does not constitute grounds for failure to report or the exclusion of evidence resulting from

a report made pursuant to this section.

(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is

guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred

dollars.

South Dakota

S.D. Cod. Laws § 23-13-10

23-13-10. Report to sheriff of gunshot wounds treated.

Any person treating any bullet wound, gunshot wound, powder burn, or any other injury arising from or

caused by the discharge of any firearm, shall report such treatment to the sheriff of the county in which

the wound is treated.

Tennessee

Tenn. Code Ann. § 38-1-101, Updated 2013

38-1-101. Reports to law enforcement officials of certain types of injuries -- Immunity for reporting --

Exception.

(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, nurses, pharmacists,

undertakers, embalmers, or other persons called upon to tender aid to persons suffering from

any wound or other injury inflicted by means of a knife, pistol, gun, or other deadly weapon, or

by other means of violence, or suffering from the effects of poison, or suffocation, or where a

wound or injury is reasonably believed to have resulted from exposure to a methamphetamine

laboratory or a methamphetamine related fire, explosion, or chemical release, or appears to be

suffering from or to have been the victim of female genital mutilation in violation of § 39-13-

110, shall report the same immediately to the chief of police, if the injured person is in or

brought into or the injury occurred in an incorporated town or city, or to the sheriff if the

injured person is in or brought into or the injury occurred in the county outside the corporate

limits of any incorporated town or city, and shall also, in either event, report the same

immediately to the district attorney general or a member of the district attorney general's staff

of the judicial district in which the injured person is, or has been brought into, or the injury

occurred. Such report shall state the name, residence, and employer of such person, if known,

such person's whereabouts at the time the report is made, the place the injury occurred, and

the character and extent of such injuries.

(b) Injuries to minors that are required to be reported by § 37-1-403 are not required to be

reported under this section.

36  Victim Rights Law Center

Back to Index Skip to Appendix

be immune from any civil liability and shall have an affirmative defense to any criminal

liability arising from that protected activity.

(2) There exists a rebuttable presumption that a person making a report under subsection (a) is

doing so in good faith.

(d) For purposes of this part, "person" means any individual, firm, partnership, co-partnership,

association, corporation, governmental subdivision or agency, or other organization or other

legal entity, or any agent, servant, or combination of persons thereof.

(e) (1) The reporting provisions in subsection (a) do not apply if the person seeking or receiving

treatment:

(A) Is 18 years of age or older;

(B) Objects to the release of any identifying information to law enforcement officials; and

(2) This exception shall not apply and the injuries shall be reported as provided in subsection (a)

if the injuries incurred by the sexual assault or domestic abuse victim are considered by the

treating healthcare professional to be life threatening, or the victim is being treated for

injuries inflicted by strangulation, a knife, pistol, gun, or other deadly weapon.

(3) A hospital, healthcare provider or other person who is required to report under subsection

(a) shall be immune from civil liability for not reporting if in good faith the hospital,

healthcare provider or other person does not report the injury in order to comply with this

subsection (e).

(4) If a person injured as provided in subsection (a) is first treated by an EMT, EMT-P,

emergency medical or rescue worker, firefighter or other first responder, it shall not be the

duty of the first responder to determine if the patient comes within the provisions of

subdivision (e)(1). If the first responder transports the patient to a healthcare facility, the

first responder's duty is to notify the treating physician or emergency room staff at the

facility of the suspected cause of the patient's injury. If the patient is not transported to a

healthcare facility, the first responder shall report the result of the call to the 911 center.

Texas

Tex. Health & Safety Code § 161.041, Updated 2011

Sec. 161.041. MANDATORY REPORTING OF GUNSHOT WOUNDS.

A physician who attends or treats, or who is requested to attend or treat, a bullet or gunshot wound, or

the administrator, superintendent, or other person in charge of a hospital, sanitorium, or other

institution in which a bullet or gunshot wound is attended or treated or in which the attention or

treatment is requested, shall report the case at once to the law enforcement authority of the

municipality or county in which the physician practices or in which the institution is located.

Mandatory Reporting of Non-Accidental Injuries  37

Back to Index Skip to Appendix

Utah

Utah Code § 26-23a-2

26-23a-2. Injury reporting requirements by health care provider -- Contents of report.

(1) (a) Any health care provider who treats or cares for any person who suffers from any wound or

other injury inflicted by the person's own act or by the act of another by means of a knife,

gun, pistol, explosive, infernal device, or deadly weapon, or by violation of any criminal

statute of this state, shall immediately report to a law enforcement agency the facts

regarding the injury.

(b) The report shall state the name and address of the injured person, if known, the person's

whereabouts, the character and extent of the person's injuries, and the name, address, and

telephone number of the person making the report.

(2) A health care provider may not be discharged, suspended, disciplined, or harassed for making a

report pursuant to this section.

(3) A person may not incur any civil or criminal liability as a result of making any report required by

this section.

(4) A health care provider who has personal knowledge that the report of a wound or injury has

been made in compliance with this section is under no further obligation to make a report

regarding that wound or injury under this section.

Vermont

13 VSA § 4012

§ 4012. Reporting treatment of firearm wounds

(a) Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or

any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or

whenever such case is treated in a hospital, sanitarium or other institution, the manager,

superintendent or other person in charge shall report such case at once to local law

enforcement officials or the state police. The provisions of this section shall not apply to such

wounds, burns or injuries received by a member of the armed forces of the United States or

state of Vermont while engaged in the actual performance of duty.

(b) A person violating the provisions of this section shall be fined not more than $100.00.

Virgin Islands

23 V.I.C. § 478

§ 478. Report of treatment of wounded persons.

Any physician, physician aide, or nurse treating a case of bullet wound, powder burn or any other wound

arising from or caused by the discharge of a gun, revolver, pistol, or other firearm, and whenever such

cases are treated in a hospital, clinic, sanitarium or other similar institution, the manager,

superintendent, or other person in charge shall report such case at once to the police authorities.

38  Victim Rights Law Center

Back to Index Skip to Appendix

Virginia

VA Code § 54.1-2967, Updated 2013

§ 54.1-2967. Physicians and others rendering medical aid to report certain wounds.

Any physician or other person who renders any medical aid or treatment to any person for any wound

which such physician or other person knows or has reason to believe is a wound inflicted by a weapon

specified in § 18.2-308 and which wound such physician or other person believes or has reason to

believe was not self-inflicted shall as soon as practicable report such fact, including the wounded

person's name and address, if known, to the sheriff or chief of police of the county or city in which

treatment is rendered. If such medical aid or treatment is rendered in a hospital or similar institution,

such physician or other person rendering such medical aid or treatment shall immediately notify the

person in charge of such hospital or similar institution, who shall make such report forthwith.

Any physician or other person failing to comply with this section shall be guilty of a Class 3

misdemeanor. Any person participating in the making of a report pursuant to this section or

participating in a judicial proceeding resulting therefrom shall be immune from any civil liability in

connection therewith, unless it is proved that such person acted in bad faith or with malicious intent.

Washington

RCW § 70.41.440, Updated 2013

RCW 70.41.440. Duty to report violent injuries — Preservation of evidence — Immunity — Privilege.

(1) A hospital shall report to a local law enforcement authority as soon as reasonably possible,

taking into consideration a patient's emergency care needs, when the hospital provides

treatment for a bullet wound, gunshot wound, or stab wound to a patient. A hospital shall

establish a written policy to identify the person or persons responsible for making the report.

(2) The report required under subsection (1) of this section must include the following information,

if known:

(a) The name, residence, sex, and age of the patient;

(b) Whether the patient has received a bullet wound, gunshot wound, or stab wound; and

wound, or stab wound.

(3) Nothing in this section shall limit a person's duty to report under RCW 26.44.030 or 74.34.035.

(4) Any bullets, clothing, or other foreign objects that are removed from a patient for whom a

hospital is required to make a report pursuant to subsection (1) of this section shall be

preserved and kept in custody in such a way that the identity and integrity thereof are

reasonably maintained until the bullets, clothing, or other foreign objects are taken into

possession by a law enforcement authority or the hospital's normal period for retention of such

items expires, whichever occurs first.

(5) Any hospital or person who in good faith, and without gross negligence or willful or wanton

misconduct, makes a report required by this section, cooperates in an investigation or criminal

or judicial proceeding related to such report, or maintains bullets, clothing, or other foreign

objects, or provides such items to a law enforcement authority as described in subsection (4) of

this section, is immune from civil or criminal liability or professional licensure action arising out

of or related to the report and its contents or the absence of information in the report,

cooperation in an investigation or criminal or judicial proceeding, and the maintenance or

Mandatory Reporting of Non-Accidental Injuries  39

Back to Index Skip to Appendix

provision to a law enforcement authority of bullets, clothing, or other foreign objects under

subsection (4) of this section.

(6) The physician-patient privilege described in RCW 5.60.060(4), the registered nurse-patient

privilege described in RCW 5.62.020, and any other health care provider-patient privilege

created or recognized by law are not a basis for excluding as evidence in any criminal proceeding

any report, or information contained in a report made under this section.

(7) All reporting, preservation, or other requirements of this section are secondary to patient care

needs and may be delayed or compromised without penalty to the hospital or person required

to fulfill the requirements of this section.

(8) If the patient states his or her injury is the result of domestic violence, the hospital shall follow

its established processes to inform the patient of resources to assure the safety of the patient

and his or her family.

West Virginia

W Va. Code §61-2-27 (Updated 2013); W Va. Code §61-2-27a

§61-2-27. Required reporting of gunshot and other wounds.

(a) Any medical provider who provides medical treatment to a person suffering from a wound

caused by a gunshot or a knife or other sharp or pointed instrument, under circumstances which

would lead a reasonable person to believe resulted from a violation of the criminal laws of this

state, shall report the same to a law-enforcement agency located within the county within

which such wound is treated. The report shall be made initially by telephone and shall be

followed by a written report delivered to such agency within forty-eight hours following the

initial report: Provided, That where two or more persons participate in the medical treatment of

such wound, the obligation to report imposed by this section shall apply only to the attending

physician or, if none, to the person primarily responsible for providing the medical treatment.

(b) Any medical provider person who in good faith reports a wound described in subsection (a) of

this section shall be immune from any civil liability which may otherwise result solely from

reporting the same.

Wisconsin

Wis. Stat. § 255.40

Updated 2014

255.40. Reporting of wounds and burn injuries

(1) In this section:

(a) "Crime" has the meaning specified in s. 949.01 (1).

(b) "Inpatient health care facility" has the meaning specified in s. 50.135 (1).

(2) (a) Any person licensed, certified or registered by the state under ch. 441, 448 or 455 who

treats a patient suffering from any of the following shall report in accordance with par. (b):

(1) A gunshot wound.

(2) Any wound other than a gunshot wound if the person has reasonable cause to

believe that the wound occurred as a result of a crime.

40  Victim Rights Law Center

Back to Index Skip to Appendix

(3) Second-degree or 3rd-degree burns to at least 5% of the patient's body or, due

to the inhalation of superheated air, swelling of the patient's larynx or a burn to

the patient's upper respiratory tract, if the person has reasonable cause to

believe that the burn occurred as a result of a crime.

(b) For any mandatory report under par. (a), the person shall report the patient's name and

the type of wound or burn injury involved as soon as reasonably possible to the local police

department or county sheriff's office for the area where the treatment is rendered.

required to forfeit not more than $500.

(3) Any person reporting in good faith under sub. (2), and any inpatient health care facility that

employs the person who reports, are immune from all civil and criminal liability that may result

because of the report. In any proceeding, the good faith of any person reporting under this

section shall be presumed.

(4) The reporting requirement under sub. (2) does not apply under any of the following

circumstances:

(a) The patient is accompanied by a law enforcement officer at the time treatment is

rendered.

(b) The patient's name and type of wound or burn injury have been previously reported under

sub. (2).

time of treatment.

Wyoming

No Mandatory Reporting Statute (there are a child abuse and vulnerable adult statutes: Wyo. Stat. § 14-

3-205 & § 35-20-103 (2013)

Appendix

Back to Index

Non-Accidental Mandatory Reporting Statutes. May 2014.

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Alabama

N/A

Alaska

AS 08.64.369

Certain burns; gun-

related wound; non-

accidental knife/stab

wound; non-accidental

life-threatening injury

American

Samoa

N/A

Arizona

A.R.S 13-3806

Gunshot wound; knife

wound; injury resulting

from a criminal act

Arkansas

ACA 12-12-602;

ACA 12-12-402

Intentionally inflicted

knife or gunshot

wound; certain burns

ACA 12-12-402

prohibits report of

rape, sexual

assault, or incest

of an adult victim

without the

victim's consent.

California

11160 -

11163.6

Any self-inflicted

wound; gunshot

wound; injury resulting

from assaultive or

abusive conduct

11160(d)(18)

specifies that abuse

of a spouse or

cohabitant must be

reported under

11160(a)(2)

11160(d) specifies

that sexual assault

must be reported

under 11160(a)(2);

13823.11 outlines

minimum

standards of

treatment for SA

victims

42  Victim Rights Law Center

Back to Index Skip to Appendix

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Colorado

C.R.S. 12-36-

135

Gunshot wound; non-

accidental

knife/stabbing wound;

injury resulting from

criminal act

12-36-135(1)(a)

specifies that

injuries resulting

from domestic

violence must be

reported

12-36-135(1)(b)

specifies that

collection of

evidence of sexual

assault at the

request of the

victim shall contact

law enforcement

to ensure the

preservation of

evidence.

Connecticut

Conn. Gen.

Stat. 19a-490f

Gun-related wound

Delaware

25 Del. C. 1762

Stab wound; non-

accidental poisoning;

wound resulting from

discharge of a firearm

District of

Columbia

DC Code § 7-

2601

Gunshot wound; any

injury caused by a

dangerous weapon in

the commission of

crime

Florida

Fla. Stat.

790.24

Gunshot wound; life-

threatening injury

resulting from act of

violence

Georgia

OCGA 31-7-9

Any non-accidental

injury

Guam

N/A

Hawaii

HRS 453-14

Any non-accidental

injury

Appendix

Back to Index

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Idaho

Id C 39-1390

Gun-related wound;

any injury indicating the

person is a victim of a

criminal act

Illinois

20 ILCS

2630/3.2

Gun-related wound;

injury related to a

criminal offense

Indiana

IC 35-47-7-1

Gun-related wound;

life-threatening

knife/stabbing wound

Iowa

Ia 147.111; Ia

147.113A

Gunshot wound; stab

wound; serious injury

related to a criminal

offense; certain burns

Kansas

KS 21-6319

Gun-related wound;

life-threatening

knife/stabbing wound

Kentucky

KRS 209A.030

Any indication of abuse

and/or neglect by a

spouse

209A.010 identifies

purpose of Chapter

209A to be

identification of DV,

but allows that it

may be used more

broadly

Louisiana

LRS 14:403.5

Gunshot wound (unless

caused by an air gun)

Maine

MRS 17-A §

512

Gunshot wound

Maryland

Md. HEALTH-

GENERAL Code

Ann. § 20-703

Gunshot wound

44  Victim Rights Law Center

Back to Index Skip to Appendix

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Massachusetts

ALM GI. ch. 112

§ 12A

Gunshot wound;

certain burns; knife/

stabbing wound related

to criminal offense

112, 12A1/2:

Mandatory report

of rape/SA w/out

identifying info;

Michigan

MLC 750.411

Wound inflicted by a

gun, knife, deadly

weapon, or other

means of violence

Minnesota

Minn Stat §

626.52 (Sub. 1

GSW and other

dangerous

weapons

defined in

Minn Stat §

609.2, Sub 6;

Sub. 2 Burns)

Gunshot wound; wound

inflicted by a dangerous

weapon on a suspected

perpetrator of a crime;

certain burns

Mississippi

Miss. Code §

45-9-31

Gunshot wound; knife

wound; wound

resulting from a hunting

or boating accident

Missouri

MO Rev. Stat. §

578.350

Gunshot wound

Montana

Mont. Code §

37-2-302

Gunshot wound; stab

wound

Nebraska

Neb. Rev. Stat.

§ 28-902

Wound or injury caused

by violence or received

in connection to a

criminal offense

Nevada

Nev. Rev. Stat.

§ 629.041; Nev.

Rev. Stat. §

629.045

Non-accidental gunshot

or knife wound; certain

burns

Appendix

Back to Index

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

New

Hampshire

N.H. Rev. Stat.

§ 631:6

Gunshot wound; injury

caused by criminal act

631:6(II) prohibits

report of sexual

assault-related

injuries without

consent where

victim is an adult,

and the injuries do

not include

gunshot wounds

or serious bodily

injury

New Jersey

N.J. Stat. §

2C:58-8

Wound caused by

gunshot, explosive

device, destructive

device, or weapon

New Mexico

N/A

New York

NY CLS Penal §

265.25; NY CLS

Penal § 265.26

Gun-related wound;

potentially life-

threatening knife/

stabbing wound;

certain burns

North Carolina

N.C. Gen. Stat.

§ 90-21.20

Gun-related wound;

injury or illness caused

by poisoning; knife

wound related to a

criminal act; grave

bodily injury or grave

illness connected to a

criminal act of violence

North Dakota

N.D. Cen. Code

§ 43-17-41

Wound, injury, or

physical trauma caused

by a firearm or knife; or

inflicted in violation of

the law

No exception, but

43-17-41(3)

requires referral to

DVSA organization

No exception, but

43-17-41(3)

requires referral to

DVSA organization

46  Victim Rights Law Center

Back to Index Skip to Appendix

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Northern

Mariana

Islands

1 CMC § 3105

Wound indicating rape

or aggravated assault;

sustained in a

suspicious or unusual

manner; or sustained

under conditions

suggesting poisoning or

violence

§3105 requires all

persons (including

medical personnel)

to report to law

enforcement any

knowledge of an

incident of rape

Ohio

ORC § 2921.22

Gunshot wound; stab

wound; serious injury

resulting from violence;

certain burns

2921.22(F)(1-2)

requires recording

knowledge or

reasonable

suspicion of DV in

patient's record,

and is not subject

to Doctor-Patient

Privilege, may be

admitted as

evidence

Exception: Person

providing

counseling not

mandated to

report injury due

to SA if doing so

reveals info

acquired through

provision of

counseling to SA

victim

Oklahoma

22 Okl. Stat. § 22-

58 (Exception to

mandatory

reporting if DV and

victim is over

eighteen years old

and not an

incapacitated adult)

22 Okl. Stat. § 22-

40 (Exception to

mandatory

reporting if rape or

sexual assault and

victim is over

eighteen years old

and not an

incapacitated

adult)

Oregon

OR Rev. Stat. §

146.750

Non-accidental gunshot

or knife wound; non-

accidental wound

caused by dangerous or

deadly weapon; non-

accidental serious

physical injury

Appendix

Back to Index

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Pennsylvania

18 PA Con.

Stat. § 5106

Any wound or injury

resulting in death or

serious injury; inflicted

by means of a deadly

weapon; or inflicted in

violation of the law

5106(a.1) implies

that a report of

intimate-partner

violence against an

adult cannot be

made without the

consent of the

victim.

Puerto Rico

25 L.P.R.A. §

458m

Gun-related wound

Rhode Island

R.I. Gen Laws §

11-47-48; R.I.

Gen Laws § 23-

28.2-24

Gun-related wound;

certain burns

South Carolina

S.C. Code § 16-

3-1072

Gunshot wound

South Dakota

S.D. Cod. Laws

§ 23-13-10

Gun-related wound

Tennessee

Tenn. Code

Ann. § 38-1-

101

Any injury caused by a

firearm, knife, or other

deadly weapon; injury

caused by means of

violence; injury

resulting from poison or

suffocation

Under 38-1-

101(e)(1-2), a

report is not

required for adult

DV victims who

object, UNLESS

injury is life-

threatening or

result of

strangulation, a

knife, pistol, gun, or

other deadly

weapon

Under 38-1-

101(e)(1-2), a

report is not

required for adult

SA victims who

object, UNLESS

injury is life-

threatening or

result of

strangulation, a

knife, pistol, gun,

or other deadly

weapon

Texas

Tex. Health &

Safety Code §

161.041

Gunshot wound

48  Victim Rights Law Center

Back to Index Skip to Appendix

Jurisdiction

Statute

Injuries Requiring

Report

DV-Specific

Reporting

Statutes

SA-Specific

Reporting

Statutes

Utah

Utah Code §

26-23a-2

Any wound or injury

inflicted by means of

knife, gun, explosive,

infernal device, or

deadly weapon; or in

violation of criminal

statute

Vermont

13 VSA § 4012

(GSW)

Gun-related wound

US Virgin

Islands

23 V.I.C. § 478

Gun-related wound

Virginia

VA Code §

54.1-2967

Non-self-inflicted injury

resulting from a

weapon

Washington

RCW §

70.41.440

Gunshot wound; stab

wound (Note: all

requirements of

reporting considered

secondary to patient

need and can be

"delayed or

compromised" without

penalty)

West Virginia

W Va. Code §

61-2-27

Gunshot or stabbing

wound that appears to

be the result of the

violation of criminal law

Wisconsin

Wis. Stat. §

255.40

Gunshot wound; wound

occurring due to a

crime; certain burns

Wyoming

N/A