Author Response: Mandatory Reporting of Intimate Partner Violence by Health Care Providers May Be Required by State or Tribal Law

We sincerely appreciate the comments from Mr Berger and his thorough review of the issues related to mandatory reporting of intimate partner violence (IPV). In reviewing both the referenced statutes from Colorado and California, however, our interpretation is different.

The Colorado statue, for example, reads: “Every licensee who attends or treats any of the following injuries shall 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…” Our understanding of the language is that physicians are required to report any inflicted injury experienced by a patient under their care that involves a criminal act. In that context, acts of IPV would be included, but the law itself isn’t specific to acts of IPV. The law, in fact, then goes on to specify that there is an exception to mandatory reporting specifically in cases of IPV if the victim is at least eighteen years of age and indicates their preference that the injury not be reported, and if the injury is not from a firearm, knife, ice pick, or other sharp or pointed object.

Similarly, the California statue requires reporting to local law enforcement after providing medical care for “any wound or other physical injury that is the result of assaultive or abusive conduct…” This mandate would include, but is not specific to, acts of violence perpetrated by an intimate partner. However, pediatricians do not routinely provide medical care to caregivers and the statute is quite explicit that a physician or health care provider must be providing medical care to the patient, or in this instance the caregiver.

Regardless, Mr Berger’s comments highlight a key point for pediatricians to remember – state laws related to IPV are nuanced and vary from state-to-state. And as with all laws, of course, they change over time, sometimes subtly and sometimes drastically. Pediatricians should be cognizant of applicable IPV laws in their state, particularly as they relate to reporting abuse or concerns of children exposed to IPV.