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In California: When to Report IPV

In California, providers who are providing medical treatment for a physical condition to a patient suffering from an injury known or suspected to have been inflicted by another person is required to report the known or suspected assault to the local police authorities. For instructions regarding this law, please see summary instructions prepared for the FVPF.

1. Familiarize yourself with Local Reporting Guidelines:
In California, it is very important to understand that both the specific procedures for reporting IPV and the police protocol and response to that report vary from county to county. Providers should familiarize themselves with the policies and procedures of law enforcement in their practicing county. Providers and health care institutions should work with law enforcement authorities to establish protocols regarding the response to mandatory health care reports that maximize safety and minimize risk for victims of IPV.

2. Understand that a Mandatory Health Care Report is NOT the same as an official police report.
In California, providers should understand that the Mandatory Health Care Report (initiated by a health care provider) is different from an official police report that a victim would make directly to police. If a victim of IPV would like emergency assistance, call 911 immediately. If a victim of IPV would like to file a police report about the IPV and is not in acute danger, call police dispatch. If the victim of IPV would like, it is helpful for someone from the health care team to stay with the patient and provide advocacy and support during the report to police.

FOR SAN FRANCISCO COUNTY:
COMMONLY ASKED QUESTIONS
The questions below apply to SAN FRANCISCO COUNTY ONLY. Comments taken from “Common Questions and Answers about Mandatory Reporting Requirements for SF Health Providers” by Ariella Hyman of Bay Area Legal Aid.

For a one page summary of Mandatory Reporting in San Francisco County, see LEAP's Mandatory Reporting Flow Sheet.

If a battered patient does not want to report, do I still have to make one?
Legally, you are required to report whether or not the patient consents to a report, even though there might be countervailing ethical principles. You should find out why the patient does not want the report made, and advocate on behalf of his or her needs and concerns with the authorities.

How do I properly file a health practitioner report?
Telephone the SF Police Department at 553 9220 as soon as possible and leave a voice message. Document in the medical record that a call was made. Within 48 hours, mail the confidential mandatory health care reporting form to

San Francisco Police Department
Domestic Violence Unit
850 Bryant Street
San Francisco, CA 94103

Can reporting result in negative repercussions for my patient?
Providers should be aware of the potential harmful consequences mandatory reporting presents for battered patients. Reporting may put battered patients at risk for retaliation if police intervene against patient’s wishes. It may deter patients from seeking health care or being candid with their clinicians about the causes of their injuries.

Reporting without patient consent infringes on personal autonomy and may also revictimize patients by controlling their life decisions. The abrogation of provider patient confidentiality that may result from reporting is also harmful and may undermine the patient’s trust in their providers. In San Francisco, many of these concerns may be alleviated as the police response is largely dictated by the request of the providers/patients.