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Mandatory Reporting Obligations

REPORTING OF INJURIES

Section 11160, Penal Code requires a health practitioner (including physical therapists and physical therapist assistants), 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 suffering from a wound or other injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm or 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, to immediately make a report to a local law enforcement agency. Assaultive or abusive conduct includes murder (violation of Section 187), manslaughter (violation of Section 192 or 192.5) and mayhem (violation of Section 203), aggravated mayhem (violation of Section 205), torture (violation of Section 206), assault with intent to commit mayhem, rape, sodomy, or oral copulation (violation of Section 220), battery (violation of Section 242), sexual battery (violation of Section 243.5), incest (violation of Section 285), throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure (violation of Section 244), assault with a stun gun or taser (violation of Section 244.5), assault with a deadly weapon, firearm, assault weapon, or machine gun, or by means likely to produce great bodily injury (violation of Section 245), rape (violation of Section 261), spousal rape (violation of Section 262), procuring any female to have sex with another man (violation of Section 266, 266a, 266b, or 266c), child abuse or endangerment (violation of Section 273a or 273d), abuse of spouse or cohabitant (violation of Section 273.5), sodomy (violation of Section 286), lewd and lascivious acts with a child (violation of Section 288), oral copulation (violation of Section 288a), sexual penetration (violation of Section 289), elder abuse (violation of Section 368), and an attempt to commit any of the above crimes. "Injury" shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.

A report by telephone shall be made immediately or as soon as practically possible. A written report shall be prepared and sent to a local law enforcement agency within two working days of receiving the information regarding the person. A local law enforcement agency shall be notified and a written report shall be prepared and sent even if the person who suffered the wound, or 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.

1. The report shall include, but shall not be limited to, the following:
   1. (A) The name of the injured person, if known.
      (B) The injured person's whereabouts.
      (C) The character and extent of the person's injuries.
      (D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or
      abusive conduct upon the injured person.

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, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a team member to make the required telephonic and written reports. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.

REPORTING OF SUSPECTED INSTANCE OF CHILD ABUSE
Section 11166, Penal Code requires any health practitioner (including physical therapists and physical therapist assistants), who has knowledge of or observes a child in his or her professional capacity or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately or as soon as practically possible by telephone and to prepare and send a written report thereof within 36 hours of receiving the information concerning this incident.

Failure to comply with the requirements of Section 11160 or 11166 of the Penal Code is a misdemeanor, punishable by up to six months in jail or by a fine of one thousand dollars ($1,000) or by both.