Family Violence State Statutes


Alabama

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

Alaska

Training: AS § 18.66.310 directs public employees to take continuing education in domestic violence, including all public health care professionals who are required by law to report child abuse under AS§ 47.17.020.
Screening: None
Protocol: AS § 18.66.300 mandates that the State Department of Health and Social Services adopt standards and procedures for the delivery of services to domestic violence victims by health care providers.
Mandatory Reporting: AS § 08.64.369 requires health care professionals to report burns over 5% of the body, gunshot wounds, non-accidental wounds caused by knives, axes or other sharp or pointed instruments, and all other non-accidental injuries likely to cause death.

Arizona

Training: None
Screening: None
Protocol: None
Mandatory Reporting: A.R.S. § 13.3806 requires health care professionals to report gunshot wounds, knife wounds or other material injury which may have resulted from various illegal or unlawful acts.

Arkansas

Training: None
Screening: None
Protocol: None
Mandatory Reporting: AS § 12-12-602 requires health care providers to report all knife or gunshot wounds which appear to be intentionally inflicted.

California

Training: CA Bus & Prof. Code §2191(h) directs the Division of Medical Licensing to "consider" including a continuing education course providing training to physicians on routine screening for domestic violence CA Penal Code § 13823.93 establishes two hospital-based training centers to train medical personnel to perform medical evidentiary examinations on domestic and sexual violence victims.
Screening: CA Health § 1233.5 requires medical clinics to screen patients for domestic violence CA Health § 1259.5a requires acute care, acute psychiatric, and chemical dependence recovery hospitals to routinely screen patients for domestic violence.
Protocol: CA Health § 1233.5 requires licensed clinic boards and medical directors to establish and adopt written policies and procedures to screen patients for domestic violence, document injuries and refer patients to available services. CA Health § 1259.5 requires acute care, acute psychiatric, and chemical dependency recovery hospitals to establish written policies and procedures to screen patients for domestic violence, document injuries and refer patients to available services.
Mandatory Reporting: CA Penal Code § 11160 requires any health practitioner (as defined in Penal Code § 11165.8) employed in a health facility, clinic, physician's office, local or state public health department, or other facility operated by a local or state public health department, to report providing medical services to a patient whom the practitioner reasonably suspects is suffering from any wound or other physical injury caused by firearms and/or assaultive or abusive conduct.

Colorado

Training: None
Screening: None
Protocol: None
Mandatory Reporting: Colo. Rev. Stat. § 12-36-135 requires physicians to report all injuries believed to have been caused by criminal acts, including domestic violence.

Connecticut

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

District of Columbia

Training: None
Screening: None
Protocol: None
Mandatory Reporting: DC Code § 2-1361 requires healthcare practitioners to report all injuries caused by firearms and injuries caused by other dangerous weapons in the commission of a crime.

Delaware

Training: None
Screening: None
Protocol: None
Mandatory Reporting: DE Code Title 24 § 1762 requires physicians to report stab wounds, poisonings (other than accidental), and firearm injuries.

Florida

Training: FS § 456.031mandates a one-hour domestic violence education requirement as part of biennial relicensure or recertification for physicians, nurses, dentists, mental health providers, dental hygienists, licensed clinical social workers and other health care providers.
Screening: None
Protocol: None
Mandatory Reporting: FS § 790.24 requires health care providers to report gunshot or life threatening wounds or injuries indicating an act of violence.

Georgia

Training: None
Screening: None
Protocol: None
Mandatory Reporting: G.A.S.T. § 31-7-9 requires health care providers to report injuries inflicted by other than accidental means immediately to the head of the facility who must contact the police.

Hawaii

Training: None
Screening: None
Protocol: None
Mandatory Reporting: Haw. Rev. S § 453-14 requires health care providers to report knife wounds, gun-related wounds or any injury that would seriously maim, produce death, or has caused unconsciousness when such injury was caused by violence or sustained in an unusual or suspicious manner.

Idaho

Training: None
Screening: None
Protocol: None
Mandatory Reporting: ID S § 39-1390 requires health care providers on staff at a hospital to report injuries caused by firearms or a criminal offense.

Illinois

Training: None
Screening: None
Protocol: None
Mandatory Reporting: IL CS § 20-2630-3.2 requires medical providers to report injuries resulting from the discharge of firearms or sustained in the commission of or as a victim of a criminal offense.

Indiana

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

Iowa

Training: None
Screening: None
Protocol: Iowa Code § 135B.7 requires each hospital to establish protocols for treating victims. Under IAC 481- 51.7(3) hospitals must interview victims in privacy, ensure confidentiality, give referral information and educate emergency department staff to identify victims of domestic violence. It also specifies certain information that must be included in victims' medical records.
Mandatory Reporting: Iowa Code § 147.111 mandates that any person who administers any treatment to persons suffering from a gunshot, stab wound, or other serious bodily injury (defined in §702.18), which may have resulted from a criminal offense, must report to a law enforcement agency.

Kansas

Training: None
Screening: None
Protocol: None
Mandatory Reporting: KS S §21-4213 mandates that physicians report any firearm injury or wounds that is likely to or may result in death inflicted by a sharp object (knife, ice pick, or other sharp pointed instrument).

Kentucky

Training: KYS § 194A.540 requires all mental health professional, primary care physicians, and nurses to take a 3-hour course on domestic violence for continued and initial licensure or certification.
Screening: None
Protocol: None
Mandatory Reporting: KY S § 209.030 requires health care providers to provide an oral or written report to the Kentucky Cabinet for Family and Children when they suspect abuse, neglect or exploitation. The Cabinet is responsible for notifying the appropriate law enforcement agency, initiating an investigation, and writing a report with recommendations for further actions.

Louisiana

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

Maine

Training: None
Screening: None
Protocol: None
Mandatory Reporting: MRSA Title 17-A § 512 requires physicians to report gunshot wounds within 24 hours.

Maryland

Training: MD. Ann. Code § 19-1703 outlined the requirements, including the organization, design, and implementation of a domestic violence inservice training program for hospital emergency personnel employed by the three hospitals participating in the Pilot Domestic Violence Protocol Program. This law expired in 1998.
Screening: None
Protocol: Md. Ann. Code § 19-1703 (1) required the Pilot Domestic Violence Protocol Program to develop protocols for the participating hospitals' emergency room personnel who treat victims of domestic violence. This law expired in 1998.
Mandatory Reporting: MD. Ann. Code Art. 27 Crimes and Punishment, § 336 and336-336A requires health care providers to report gunshot wounds, injuries caused by automobile or moving vessel accidents, or and injuries caused by a lethal weapon.

Massachusetts

Training: None
Screening: None
Protocol: None
Mandatory Reporting: MGL Ch. 112 § 12A mandates healthcare providers to report injuries resulting from firearms, burns affecting five percent of more of the surface area of the patient, and injuries caused by a knife or pointed instrument if a crime is suspected.

Michigan

Training: None
Screening: None
Protocol: None
Mandatory Reporting: MCL § 750.411/MSA § 28.643 requires health care providers to report knife, gun, and deadly weapons injuries, as well as injuries cause by "other means of violence."

Minnesota

Training: None
Screening: None
Protocol: None
Mandatory Reporting: MNS § 626.52 requires health care providers to report 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. Additionally, they must report any wound that has been inflicted on a perpetrator of a crime by a dangerous weapon other than a firearm.

Mississippi

Training: None
Screening: None
Protocol: None
Mandatory Reporting: MS. C. § 45-9-31 requires healthcare professions to report gunshot or knife injuries.

Missouri

Training: None
Screening: None
Protocol: None
Mandatory Reporting: RS MO § 578-350 requires healthcare professionals to report gunshot wounds.

Montana

Training: None
Screening: None
Protocol: None
Mandatory Reporting: MT Code Ann. §37-2-302 requires healthcare professionals to report gunshot and stab wounds within 24 hours of initial treatment.

Nebraska

Training: None
Screening: None
Protocol: None
Mandatory Reporting: Neb. Rev. S § 28-902 requires healthcare professionals to report all injuries of violence that appear to have been caused by a criminal offense.

Nevada

Training: None
Screening: None
Protocol: None
Mandatory Reporting: NRS § 629.041 requires healthcare providers to report injuries inflicted by a knife or firearm not under accidental circumstances; NRS § 629.045 requires health care providers to report persons with second and third degree burns consisting of 5% or more of the body area.

New Hampshire

Training: NH RSA § 173-B:20 provides for a statewide coordinator to conduct educational programs for medical personnel.
Screening: None
Protocol: NH RSA § 21-M:8-d requires the NH Dept of Justice to implement rules establishing standardized rape and domestic violence protocols to be used by all physicians and hospitals.
Mandatory Reporting: NH RSA § 631:6 requires reporting of all gunshot wounds or any other injury caused by a suspected criminal act. An exception to this is if the patient is 18 years of age or older, has been a victim of sexual assault or abuse, did not sustain a gunshot wound or other serious bodily injury, and objects to the release of information.

New Jersey

Training: None
Screening: None
Protocol: None
Mandatory Reporting: NJSA 2C:58-8(a) requires health care providers to report wounds, burns or injuries caused by firearms, destructive devices, explosives or weapons.

New Mexico

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

New York

Training: NY Exec § 575 established the New York State Office for the Prevention of Domestic Violence which develops and delivers training on domestic violence to health and mental health care professionals.
Screening: NY Public Health Sect. 2137 requires the develoment of a protocol for screening and indentification of victims who may be HIV positive or a contact of a HIV positive individual.
Protocol: NY Public Health § 2803 (1)(h) requires hospitals to provide information concerning family violence victims.
Mandatory Reporting: NY Penal Law § 265.25 and 26 requires health care providers to report firearm wounds, knife wounds that may result in death and burns over 5 % of the body or which may result in death.

North Carolina

Training: None
Screening: None
Protocol: None
Mandatory Reporting: NCGS §. 90-21.20(b) requires health care providers to report all firearm injuries, all poisonings, and wounds caused by sharp pointed instrument, and other cases involving grave bodily harm or grave illness if they believe they arose from a criminal act.

North Dakota

Training: None
Screening: None
Protocol: None
Mandatory Reporting: NDSL § 43-17-41 requires health care professionals to report firearm and knife injuries or any other injury they suspect resulted from a criminal act.

Ohio

Training: ORC § 4723.25 requires the Board of Nursing to approve one or more non-mandatory continuing education courses to help assist registered and licensed nurses to recognize the sign of domestic violence and its relationship to child abuse.ORC § 4731.282 requires the State Medical Board to approve one or more non-mandatory continuing education courses to help assist doctors of medicine and doctors of osteopathic medicine to recognize the sign of domestic violence and its relationship to child abuseORC § 4732.141 requires the State Board of Psychology to approve one or more non-mandatory continuing education courses to help assist psychologists and school psychologists to recognize the sign of domestic violence and its relationship to child abuse.
Screening: None
Protocol: ORC § 3727.08 requires every hospital to adopt protocols for conducting interviews with patients, separate interviews with family members who were present at the time of injury, and for creating a photographic record of injuries when domestic violence has occurred.
Mandatory Reporting: ORC § 2921.22 requires health care professionals to report gunshot wounds, stab wounds, any serious physical harm resulting from violence, any burns resulting from violence, and all second and third degree burns from incendiary devices.Also, if the physician suspects the patient is a victim of domestic violence that must be noted on the patient's chart.

Oklahoma

Training: None
Screening: None
Protocol: None
Mandatory Reporting: OK Statutes Sec.10-7104 requires health care professional to report injuries resulting from criminal conduct.

Oregon

Training: None
Screening: None
Protocol: None
Mandatory Reporting: OR. Rev. Stat. § 146.750 requires physicians to report non-accidental injuries caused by a knife, firearm or other deadly weapon

Pennsylvania

Training: HB 2268, passed in 1998, established the "Domestic Violence Health Care Response Act." This act prescribes how certain "medical advocacy project sites" will be chosen and that each will provide comprehensive training, universal screening and domestic violence educational materials.
Screening: Includes asking patients seeking medical treatment at a hospital, health center or clinic during the course of medical examinations or treatment about the possibility of domestic violence within their relationships, regardless of whether they are suspected to be victims of domestic violence.
Protocol: The medical advocacy projects shall develop and implement uniform multidisciplinary domestic violence policies and procedures which incorporate the roles and responsibilities of all staff who provide ervices or interact with victims of domestic violence, including the identification of victims of domestic violence through universal screening.
Mandatory Reporting: None

Rhode Island

Training: None
Screening: None
Protocol: None
Mandatory Reporting: RIS § 11-47-48 requires physician reporting of all firearm injuries.

South Carolina

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

South Dakota

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

Tennessee

Training: None
Screening: None
Protocol: None
Mandatory Reporting: Tenn. §36-3-621 encourages any health care practitioner, who has reasonable cause to suspect that a patient's injuries are a result of domestic violence, to report such injuries monthly to the Department of Health, Office of Health Statistics. This is a voluntary reporting statute with a two-page anonymous form. TN Code §38-1-101 requires health care providers to report injuries inflicted by a knife, firearm or other means of violence, poisonings, and suffocation.

Texas

Training: None
Screening: None
Protocol: TX. Family Code §91.003 requires medical professionals who suspect a patient is a victim of domestic violence to provide the patient with information about the nearest shelter, document reasons for the suspicion in the patient file, and give the patient written notice that domestic violence is a crime that the victim can report it to law enforcement.
Mandatory Reporting: TX Health and Safety Code § 161.041 requires health care providers to report gunshot wounds.

Utah

Training: None
Screening: None
Protocol: None
Mandatory Reporting: UTC § 26-23a-2 requires health care providers to report injuries inflicted by knife, gun, pistol, explosive, infernal device, or deadly weapon, or by violation of any criminal statute.

Vermont

Training: None
Screening: None
Protocol: None
Mandatory Reporting: 13 VSA § 4012 requires physicians to report injuries from firearms.

Virginia

Training: None
Screening: None
Protocol: None
Mandatory Reporting: VAC § 54.1-2967 requires health care providers to report non-self inflicted injuries from firearms, knives, and "flailing instruments."

Washington

Training: RCW §43.70.610 mandates that the Department of Health establish an ongoing domestic violence education program as an integral part of its health professions regulation to educate healthcare professional to identify, treat, and refer victims of domestic violence
Screening: None
Protocol: None
Mandatory Reporting: None

West Virginia

Training: None
Screening: None
Protocol: None
Mandatory Reporting: WVC § 61-2-27 requires health care providers to report gunshot wounds and injuries from knives or other pointed instruments that result from a criminal act.

Wisconsin

Training: None
Screening: None
Protocol: None
Mandatory Reporting: WI Statute § 146.995 requires that health care professionals report gunshot wounds, second and third degree burns over 5% of the body or any other wound that resulted from a crime.

Wyoming

Training: None
Screening: None
Protocol: None
Mandatory Reporting: None

Compiled from data from the Family Violence Prevention Fund

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