HB 17-1322 Becomes Law on 8.9.17

Concerning An Exception To The Requirement That Certain Medical Professionals Report to Law Enforcement Concerning Injuries Resulting From Domestic Violence: This new law allows medical professionals to work with their patients to access medical care and additional resources regardless of an adult patients’ choice to participate within the criminal justice system.

Read the Law

Restores Autonomy

Restores self-autonomy and dignity for adult victims by creating a safe option for a DV victim to confide in their medical provider to access support and free and confidential domestic violence advocacy services

Closes a Loophole

Closes the loophole to the intimate partner/spousal rape reporting exemption so that all sexual assault survivors have a choice in reporting options

 

Limited to Adult Survivors

This bill does not change reporting requirements for child or elder abuse, serious bodily injury, or gunshot wounds/stab wounds, etc.

 

Restores Professional Discretion

Removes the government mandate and restores medical licensees professional discretion on how to best treat their patients. More information below.

 

Under the New Law

Starting August 9th, medical licensees will not have to report all injuries resulting from domestic violence to law enforcement. CCADV will be adding resources, recorded trainings, and other guides to help all professionals better understand the new law. Here are some quick facts.

Contact CCADV’s Lydia Waligorski with questions.

What Does Medical Licensee Report?

Always Report At Licensee’s Discretion At Patient’s Discretion
Domestic Violence  X
Sexual Assault X
Serious Bodily Injury X
Gunshot Wound X
Child Abuse X
Vulnerable Adult Abuse X
Injuries resulting from crime other than
DV or sexual assault
X

Why the Bill?

“I was punched in the mouth, fell, hurt my knee, ankle, and chipped my tooth. I knew I needed medical services right away but was in fear of medical professionals contacting the police…I had no where to go with my daughter, I had no money, no car and the only job I was allowed to have was one taking care of his mother who had Alzheimer’s. I knew if this was reported I would have to fear for my life. I was told over and over if I ever reported my abuse and he went to jail he would get out and kill me and anyone who was with me.”
Survivor
“This is about saving lives. Nearly three women are killed every day due to domestic violence. Based on the discussions with survivors and advocates we have had, the current policy on the books actually puts survivors of domestic violence in danger. Through this bill, these survivors can have the time to create their plan for safety, whether it is finding housing or protecting children, while still seeking medical care for their injuries. This way, the decision is in their hands, and they still have access to help.”
Legislator
“The bill’s passage is crucial for the safety of those we serve. We need this bill so that our clients feel safe to obtain the medical care they need without fear of law enforcement being called in. We serve so many women who openly admit to not getting medical attention due to not wanting the involvement of law enforcement. This is just wrong. It should be up to each individual as to whether they choose to involve police and pursue prosecution.”
Advocate

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.