AB 1973: Reporting crimes.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-20
Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.
This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.
This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.
This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified. specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.
This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.
This bill would extend those reporting duties to emergency medical technicians and paramedics, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department 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 described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, 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.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons 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.
(c)For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261.
(15)Spousal rape, in violation of Section 262.
(16)Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.
(17)Child abuse or endangerment, in violation of Section 273a or 273d.
(18)Abuse of spouse or cohabitant, in violation of Section 273.5.
(19)Sodomy, in violation of Section 286.
(20)Lewd and lascivious acts with a child, in violation of Section 288.
(21)Oral copulation, in violation of Section 288a.
(22)Sexual penetration, in violation of Section 289.
(23)Elder abuse, in violation of Section 368.
(24)An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.
(e)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 pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department 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 described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, 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.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons 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.
(c)For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261.
(15)Spousal rape, in violation of Section 262.
(16)Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.
(17)Child abuse or endangerment, in violation of Section 273a or 273d.
(18)Abuse of spouse or cohabitant, in violation of Section 273.5.
(19)Sodomy, in violation of Section 286.
(20)Lewd and lascivious acts with a child, in violation of Section 288.
(21)Oral copulation, in violation of Section 288a.
(22)Sexual penetration, in violation of Section 289.
(23)Elder abuse, in violation of Section 368.
(24)An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.
(e)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 pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department 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 described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, 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.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons 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.
(c)For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261.
(15)Spousal rape, in violation of Section 262.
(16)Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.
(17)Child abuse or endangerment, in violation of Section 273a or 273d.
(18)Abuse of spouse or cohabitant, in violation of Section 273.5.
(19)Sodomy, in violation of Section 286.
(20)Lewd and lascivious acts with a child, in violation of Section 288.
(21)Oral copulation, in violation of Section 288a.
(22)Sexual penetration, in violation of Section 289.
(23)Elder abuse, in violation of Section 368.
(24)An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.
(e)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 pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section, section only, employed by includes entities that are by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A health practitioner, including an emergency medical technician or paramedic, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department 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 described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, including an emergency medical technician or paramedic, as defined in subdivision (a) of Section 11162.5, employed in by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, 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.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons 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.
(c)For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261.
(15)Spousal rape, in violation of Section 262.
(16)Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.
(17)Child abuse or endangerment, in violation of Section 273a or 273d.
(18)Abuse of spouse or cohabitant, in violation of Section 273.5.
(19)Sodomy, in violation of Section 286.
(20)Lewd and lascivious acts with a child, in violation of Section 288.
(21)Oral copulation, in violation of Section 288a.
(22)Sexual penetration, in violation of Section 289.
(23)Elder abuse, in violation of Section 368.
(24)An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.
(e)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 pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section, an emergency medical technician or paramedic employed by a local agency includes an emergency medical technician or paramedic employed by an entity under contract with a local government agency to provide emergency medical technician or paramedic services. employed by includes entities that are under contract with a local government agency to provide medical services.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any health practitioner A health practitioner, including an emergency medical technician or paramedic, employed in by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department 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 described as follows, shall immediately make a report in accordance with subdivision (b):
(1)Any A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.
(2)Any A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)Any health practitioner A health practitioner, including an emergency medical technician or paramedic, employed in a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and Section 11160.2, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, 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.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons 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.
(c)For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261.
(15)Spousal rape, in violation of Section 262.
(16)Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.
(17)Child abuse or endangerment, in violation of Section 273a or 273d.
(18)Abuse of spouse or cohabitant, in violation of Section 273.5.
(19)Sodomy, in violation of Section 286.
(20)Lewd and lascivious acts with a child, in violation of Section 288.
(21)Oral copulation, in violation of Section 288a.
(22)Sexual penetration, in violation of Section 289.
(23)Elder abuse, in violation of Section 368.
(24)An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.
(e)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 pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)No A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and no a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section, an emergency medical technician or paramedic employed by a local agency includes an emergency medical technician or paramedic employed by an entity under contract with a local government agency to provide emergency medical technician or paramedic services.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Aug 20, 2018 | Chaptered by Secretary of State - Chapter 164, Statutes of 2018. |
| Aug 20, 2018 | Approved by the Governor. |
| Aug 9, 2018 | Enrolled and presented to the Governor at 11:30 a.m. |
| Aug 6, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jul 3, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 5 pursuant to Assembly Rule 77. |
| Jul 2, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 26, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 25, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| May 22, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| May 21, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (May 15). |
| Apr 25, 2018 | Referred to Com. on PUB. S. |
| Apr 12, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 12, 2018 | Read third time. Passed. Ordered to the Senate. |
| Apr 5, 2018 | Read second time. Ordered to Consent Calendar. |
| Apr 4, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 4). |
| Apr 2, 2018 | Re-referred to Com. on APPR. |
| Mar 22, 2018 | Read second time and amended. |
| Mar 21, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 20). |
| Feb 12, 2018 | Referred to Com. on PUB. S. |
| Feb 1, 2018 | From printer. May be heard in committee March 3. |
| Jan 31, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 6, 2018 | AB 1973 QUIRK Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 2, 2018 | Consent Calendar AB1973 | Senate Floor |
Passed |
|
| May 15, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 12, 2018 | AB 1973 QUIRK Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 4, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 20, 2018 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County District Attorney, Nancy O'Malley | ** Support | Jun 27, 2018 |
| Building Futures With Women And Children | ** Support | Jun 27, 2018 |
| California Commission on Aging | ** Support | Jun 27, 2018 |
| California District Attorneys Association | ** Support | Jun 27, 2018 |
| California State Sheriffs' Association | ** Support | Jun 27, 2018 |
| Congress of California Seniors | ** Support | Jun 27, 2018 |
| Family Emergency Shelter Coalition | ** Support | Jun 27, 2018 |
| Paramedics Plus | ** Support | Jun 27, 2018 |
| Peace Officers Research Association Of California | ** Support | Jun 27, 2018 |
| Ruby'S Place | ** Support | Jun 27, 2018 |
| Safe Alternative For Violent Environments | ** Support | Jun 27, 2018 |
| Safe Alternatives For Violent Environments | ** Support | Mar 19, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1973
Author:(Quirk)
As Amended Ver:May 22, 2018
Majority vote
ASSEMBLY: | 68-0 | (April 12, 2018) | SENATE: | 37-0 | (July 2, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Specifies that, for purposes of reporting injuries, health practitioners employed by or under contract with local government agencies are mandated reporters.
The Senate amendments make clarifying, technical changes.
EXISTING LAW:
- Requires health practitioners, who provide medical services to a patient whom they reasonably suspect suffered wounds inflicted by means of a firearm or assaultive conduct, to submit a report to a local law enforcement agency.
- Includes in the current definition of ''health practitioner,'' as ''an emergency medical technician I or II, and paramedic.''
- Requires health practitioners who are ''employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department'' to report firearm or other assaultive conduct.
- Defines ''mandated reporter'' for the purposes of child abuse and neglect reporting as, among other things, an emergency medical technician or paramedic, or other person certified pursuant to Health and Safety Code Division 2.5.
- Authorizes each county to develop an emergency medical services (EMS) program. For any county developing a program, the county must designate a local EMS agency which shall be either the county health department, an agency established and operated by the county, an entity with which the county contracts for the purposes of local EMS administration, or a joint powers agency to administer emergency medical services pursuant to Government Code Title 1, Division 7, Chapter 5.
- Directs a county's local EMS agency to plan, implement, and evaluate an emergency medical services system. The EMS system shall consist of an organized pattern of readiness and response services based on public and private agreements and operational procedures.
AS PASSED BY THE ASSEMBLY, this bill:
- Clarified that, for purposes of reporting injuries, health practitioners employed by or under contract with local government agencies are mandated reporters.
- Cross-referenced to the definition of ''health practitioner'' in other mandated reporting sections to prevent ambiguities.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "Domestic violence is a pattern of systematic coercive behavior that is used to gain control and power over another individual. It manifests itself in verbal, psychological and physical harm. A paralyzing fear that overcomes many victims, makes it difficult for them to leave the violent situation. However, in moments of strength the victim may reach out to a friend, a colleague, or call 911 for help.
''At the forefront of those 911 calls are emergency medical technicians (EMT). In Alameda County, the District Attorney's office has implemented a program to help victims of domestic violence escape environments where escalating violence is eminent. In extending training to EMT's, Alameda County Counsel deemed that EMTs are not mandated reporters for any incidents involving domestic violence. This is counter to the understanding Alameda EMTs have about the critical role they play in helping victims of domestic violence, and counter to the interpretation the Alameda District Attorney office has of current law.
''AB 1973 seeks to clarify current practice regarding the critical role EMTs have played in responding to domestic violence calls by making it clear in statute that EMTs are mandated reporters.''
Analysis Prepared by: Sandy Uribe / Mureed Rasool / PUB. S. / (916) 319-3744 FN: 0003637
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1973
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/15/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 68-0, 4/12/18 (Consent) - See last page for vote
SOURCE: Alameda County District Attorney, Nancy O’Malley
DIGEST:
This bill clarifies that health practitioners employed by or under contract with local government agencies, including emergency medical technicians and paramedics, are mandated reporters.
Existing law:
- Defines an emergency medical technician I or II and paramedic as a “health practitioners” (Pen. Code, § 11162.5, subd. (a).)
- Requires health practitioners, employed in a health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department, who provide medical services to a patient whom they reasonably suspect suffered wounds inflicted by means of a firearm or assaultive conduct, to submit a report to a local law enforcement agency. (Pen. Code, § 11160, subds. (a)(1) & (2).)
- Requires health practitioners who are employed in a health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department to report firearm or other assaultive conduct. (Pen. Code, § 11160, subd. (a).)
- Defines “mandated reporter” for the purposes of child abuse and neglect reporting as, among other things, an emergency medical technician or paramedic, or other person certified pursuant to Division 2.5 of the Health and Safety Code. (Pen. Code, § 11165.7, subd. (a)(22).)
- States that a health practitioner shall make a report regarding persons suffering from a firearm wound, assaultive, or abusive conduct to local law enforcement agency as follows (Pen. Code, § 11160, subd. (b)(1)-(4).):
- a report by telephone shall be made immediately or as soon as practically possible;
- a written report shall be prepared on the standard form developed by the Office of Emergency Services or a form that fulfills the requirements of the standard form;
- a local law enforcement agency shall be notified and a written report shall be prepared; and
- the report shall include information about the injured person and the injury they sustained.
This bill extends mandated reporting duties to health practitioners employed by local government agencies, including emergency medical technicians and paramedics.
Background
California law requires that all licensed healthcare professionals are mandated reporters including, but not limited to, physicians, nurses, mental health professionals, medical examiners, all employees in a long-term health facility. These professionals must report child abuse, elder and dependent adult abuse and domestic violence. These abuses are defined as physical abuse, emotional abuse, sexual abuse, financial abuse, neglect, abandonment, and deprivations of goods or services that are necessary to avoid physical harm or suffering.
Mandated reporters must make a report immediately or as soon as practically possible by phone. They must send a written report within 36 hours of receiving the information regarding the incident. Written reports must be submitted on Department of Justice forms or a form that fulfills the standard requirements. The report with factual information about the injury and injured must be made to local law enforcement. (Pen. Code, § 11160, subd. (b)(1)-(4).):
California law requires every county to create a local Emergency Medical Services (EMS) program and to develop a local EMS agency (LEMSA) to supervise the program. LEMSA has direct authority over the EMS workplace through planning, enforcement, and granting of exclusive operating contracts with EMS providers firms. Seventy-five percent of EMS service providers were in the public sector.
By specifying that health practitioners employed by a local agency are mandated reporters, this bill extends those reporting responsibilities to EMTs and paramedics, who were previously not included.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Alameda County District Attorney, Nancy O’Malley (source)
Building Futures with Women and Children
California Commission on Aging
California District Attorneys Association
California State Sheriffs’ Association
Congress of California Seniors
Family Emergency Shelter Coalition
Paramedics Plus
Peace Officers Research Association of California
Ruby’s Place
Safe Alternative for Violent Environments
OPPOSITION: (Verified 6/25/18)
None received
ASSEMBLY FLOOR: 68-0, 4/12/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Bloom, Cristina Garcia, Gray, Jones-Sawyer, Limón, Low, Mullin, Santiago, Steinorth
6/27/18 10:33:51
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1973 Hearing Date: May 15, 2018
Author: | Quirk | ||
Version: | March 22, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | EC | ||
Subject: Reporting Crimes
HISTORY
Source: Alameda County District Attorney, Nancy O’Malley
Prior Legislation: AB 74 (Speier), Chapter 19, Statutes of 1994
AB 1652 (Speier), Chapter 992, Statutes of 1993
Support: Building Futures with Women and Children; California Commission on Aging; California District Attorneys Association; California State Sheriffs’ Association; Congress of California Seniors; Family Emergency Shelter Coalition; Paramedics Plus; Ruby’s Place; Safe Alternative for Violent Environments
Opposition: None known
Assembly Floor Vote: 68 - 0
PURPOSE
The purpose of this bill is to clarify that health practitioners employed by or under contract with local government agencies, including emergency medical technicians and paramedics, are mandated reporters.
Existing law defines an emergency medical technician I or II and paramedic as a “health practitioners” (Pen. Code, § 11162.5, subd. (a).)
Existing law requires health practitioners, employed in a health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department, who provide medical services to a patient whom they reasonably suspect suffered wounds inflicted by means of a firearm or assaultive conduct, to submit a report to a local law enforcement agency. (Pen. Code, § 11160, subds. (a)(1) & (2).)
Existing law requires health practitioners who are employed in a health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department to report firearm or other assaultive conduct. (Pen. Code, § 11160, subd. (a).)
Existing law defines “mandated reporter” for the purposes of child abuse and neglect reporting as, among other things, an emergency medical technician or paramedic, or other person certified pursuant to Division 2.5 of the Health and Safety Code. (Pen. Code, § 11165.7, subd. (a)(22).)
Existing law states that a health practitioner shall make a report regarding persons suffering from a firearm wound, assaultive, or abusive conduct to local law enforcement agency as follows (Pen. Code, § 11160, subd. (b)(1)-(4).):
- A report by telephone shall be made immediately or as soon as practically possible;
- A written report shall be prepared on the standard form developed by the Office of Emergency Services or a form that fulfills the requirements of the standard form;
- A local law enforcement agency shall be notified and a written report shall be prepared; and
- The report shall include information about the injured person and the injury they sustained.
This bill extends mandated reporting duties to health practitioners employed by local government agencies, including emergency medical technicians and paramedics.
COMMENTS
1. Need for This Bill
The author states:
Every year the Alameda County’s Domestic Violence Fatality Review Team (ACDVFRT) reviews each fatality in the county to determine whether or not it was the result of an act of domestic violence. The intent of this review is to determine trends that can assist in developing strategies and programs to decrease the number of deaths resulting from domestic violence.
ACDVFRT has found that in deaths resulting from domestic violence, victims had made multiple 911 calls and had repeated visits from Alameda County Emergency Medical Service (ALCO EMS) workers. Documentation by ALCO EMS demonstrated that these first responders were concerned for the safety of the victim, but could not force the victim into the ambulance for treatment at a hospital. Further, there was no county-wide assessment tool that the District Attorney’s office or other domestic violence outreach program could use to provide additional resources or to help victims seek a safer environment.
In response, the ACDVFRT created a “Lethality Assessment Program” (LAP) consisting of 5 questions that first responders ask to identify if the victim is at high risk of escalating domestic violence.
In training ALCO EMS workers to use the LAP, County Counsel interpreted the definition of “health care practitioner” in Penal Code §11160(a) as not including ALCO EMS.
Through a number of cross referencing of several sections of the Penal Code, we came to the conclusion that EMS workers are clearly mandated reporters. To avoid any confusion in the future, AB 1973 makes a technical change to Penal Code §11160 to make it clear that EMS workers fall under the definition of health care practitioners that are mandated reporters for domestic violence.
2. Health Practitioners and Mandated Reporting
California law requires that all licensed healthcare professionals are mandated reporters including, but not limited to, physicians, nurses, mental health professionals, medical examiners, all employees in a long-term health facility. These professionals must report child abuse, elder and dependent adult abuse and domestic violence. These abuses are defined as physical abuse, emotional abuse, sexual abuse, financial abuse, neglect, abandonment, and deprivations of goods or services that are necessary to avoid physical harm or suffering.[1]
Mandated reporters must make a report immediately or as soon as practically possible by phone. They must send a written report within 36 hours of receiving the information regarding the incident. Written reports must be submitted on Department of Justice forms or a form that fulfills the standard requirements. The report with factual information about the injury and injured must be made to local law enforcement. (Pen. Code, § 11160, subd. (b)(1)-(4).):
3. Emergency Medical Services Structure
California law requires every county to create a local Emergency Medical Services (EMS) program and to develop a local EMS agency (LEMSA) to supervise the program. LEMSA has direct authority over the EMS workplace through planning, enforcement, and granting of exclusive operating contracts with EMS providers firms. Seventy-five percent of EMS service providers were in the public sector.
By specifying that health practitioners employed by a local agency are mandated reporters, this bill extends those reporting responsibilities to EMTs and paramedics, who were previously not included.
4. Argument in Support
According to Paramedics Plus:
Domestic Violence is a serious issue that impacts victims, their families, and communities across California. It is an intricate and complex issue because the power and control exerted over the victim can be sexual, physical, emotional, and/or psychological. One in four women will experience some form of domestic violence in their lifetime.
It is because of this complexity that victims often have a hard time reaching out for help. When they are brave enough to call for help and dial 911, Emergency Medical Technicians (EMTs) and paramedics are often the first point of contact for the victims.
The Alameda County District Attorney’s Office recently implemented a “Lethality Assessment Program” (LAP) consisting of 5 questions that first responders ask to identify if a victim is at high risk of escalating domestic violence. In extending training to Alameda County EMTs and Paramedics, County Counsel interpreted statute to mean that they are not mandated reporters. AB 1973 seeks to make a clarifying change to statute to reflect the important role of EMTs and paramedics have always played in reporting domestic violence.
-- END –
“Mandatory_calif.Pdf,” accessed May 1, 2018, https://www.futureswithoutviolence.org/userfiles/file/HealthCare/mandatory_calif.pdf. ↑
Date of Hearing: April 4, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1973
Author:(Quirk) – As Amended Ver:March 22, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill clarifies that, for purposes of reporting injuries, health practitioners employed by or under contract with local government agencies are mandated reporters. In addition, this bill cross-references the definition of “health practitioner” in other mandated reporting sections to prevent ambiguities.
FISCAL EFFECT:
Negligible fiscal effect since this bill is only clarifying existing law.
COMMENTS:
Background and purpose. Under existing law, many individuals, such as health practitioners, are mandated to report certain suspected abuse or crimes. This bill clarifies existing law regarding certain mandated reporters. According to the author:
In Alameda County, the District Attorney’s office has implemented a program to help victims of domestic violence escape environments where escalating violence is eminent. In extending training to Emergency Medical Technicians (EMT)s, Alameda County Counsel deemed that EMTs are not mandated reporters for any incidents involving domestic violence. This is counter to the understanding Alameda EMTs have about the critical role they play in helping victims of domestic violence, and counter to the interpretation the Alameda District Attorney office has of current law. AB 1973 seeks to clarify current practice regarding the critical role EMTs have played in responding to domestic violence calls by making it clear in statute that EMTs are mandated reporters.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing:
Consultant: Mureed Rasool
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1973
Author:(Quirk) – As Introduced Ver:
As Proposed to be Amended in Committee
SUMMARY:
Specifies that, for purposes of reporting injuries, health practitioners employed by or under contract with local government agencies are mandated reporters. Specifically, this bill:
- Clarifies that, for purposes of reporting injuries, health practitioners employed by or under contract with local government agencies are mandated reporters.
- Cross-references to the definition of “health practitioner” in other mandated reporting sections to prevent ambiguities.
EXISTING LAW:
- Requires health practitioners, who provide medical services to a patient whom they reasonably suspect suffered wounds inflicted by means of a firearm or assaultive conduct, to submit a report to a local law enforcement agency. (Pen. Code, § 11160, subds. (a)(1) & (2).)
- Includes in the current definition of “health practitioner,” as “an emergency medical technician I or II, and paramedic.” (Pen. Code, § 11162.5, subd. (a).)
- Requires health practitioners who are “employed in a health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department” to report firearm or other assaultive conduct. (Pen. Code, § 11160, subd. (a).)
- Defines “mandated reporter” for the purposes of child abuse and neglect reporting as, among other things, an emergency medical technician or paramedic, or other person certified pursuant to Division 2.5 of the Health and Safety Code. (Pen. Code, § 11165.7, subd. (a)(22).)
- Authorizes each county to develop an emergency medical services (EMS) program. For any county developing a program, the county must designate a local EMS agency which shall be either the county health department, an agency established and operated by the county, an entity with which the county contracts for the purposes of local EMS administration, or a joint powers agency to administer emergency medical services pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code. (Health & Saf. Code, § 1797.200.)
- Directs a county’s local EMS agency to plan, implement, and evaluate an emergency medical services system. The EMS system shall consist of an organized pattern of readiness and response services based on public and private agreements and operational procedures. (Health & Saf. Code, § 1797.204.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Domestic violence is a pattern of systematic coercive behavior that is used to gain control and power over another individual. It manifests itself in verbal, psychological and physical harm. A paralyzing fear that overcomes many victims, makes it difficult for them to leave the violent situation. However, in moments of strength the victim may reach out to a friend, a colleague, or call 911 for help.
“At the forefront of those 911 calls are emergency medical technicians (EMT). In Alameda County, the District Attorney’s office has implemented a program to help victims of domestic violence escape environments where escalating violence is eminent. In extending training to EMT’s, Alameda County Counsel deemed that EMTs are not mandated reporters for any incidents involving domestic violence. This is counter to the understanding Alameda EMTs have about the critical role they play in helping victims of domestic violence, and counter to the interpretation the Alameda District Attorney office has of current law.
“AB 1973 seeks to clarify current practice regarding the critical role EMTs have played in responding to domestic violence calls by making it clear in statute that EMTs are mandated reporters.”
- Emergency Medical Services Agency Structure: According to the UCLA Labor Center and the UC Berkeley Center for Labor Research and Education, the California State EMS Authority oversees county and multicounty local EMS agencies by managing certification standards for EMTS and paramedics, regulating the statewide trauma system, and approving county EMS implementation plans. State law also mandates every county to create a local EMS program and to develop a local EMS agency to supervise it. In turn, the local EMS agency grants contracts with EMS provider firms or can grant an exclusive operating contract with a single EMS provider firm. It was also estimated that, “between 2013 and 2016, 78 percent of EMS service providers were in the public sector, but private firms operated 81 percent of ambulances.” (UCLA Labor Center, UC Berkeley Center for Labor Research and Education. (2017). Emergency Medical Services in California: Wages, Working Conditions, and Industry Profile. <http://laborcenter.berkeley.edu/pdf/2017/emergency-medical-services-in-california.pdf> [Mar. 14, 2018].)
By including the phrase “employed by” a “local agency” this bill would expand section 11160 to cover health practitioners, like those mentioned above, who were previously not included. - Argument in Support: According to the Alameda County District Attorney, “Domestic violence is a serious issue that impacts victims, their families, and communities across California. It is an intricate and complex issue because the power and control exerted over the victim can be sexual, physical, emotional, and/or psychological. One in four women will experience some form of domestic violence in her lifetime. In 2017, domestic violence-related deaths in Alameda County increased. We have identified that in some cases of domestic violence fatalities in our county, there were multiple contacts with Emergency Medical Technicians where medical care was provided for their injuries.
“AB 1973 seeks to clarify the confusion in this section to specifically include that Emergency Medical Technicians and paramedics who provide medical services are mandated reporters for domestic violence. This small clarification will save lives. Many victims of domestic violence never visit an emergency room and their only interaction with a healthcare provider is with an emergency worker.”
- Prior Legislation:
- AB 74 (Speier), Chapter 19, Statutes of 1st Extraordinary Session of 1994, included health practitioners who were employed in a local or state public health department, or a clinic or other type of facility operated by a local or state public health department, for purposes of reporting specified types of assaultive conduct.
- AB 1652 (Speier), Chapter 992, Statutes of 1993, requires health practitioners employed in a health facility, clinic, or physician’s office to make a report to local law enforcement if they reasonably suspect, within the scope of their employment, that a person was injured as a result of specified assaultive conduct.
- AB 74 (Speier), Chapter 19, Statutes of 1st Extraordinary Session of 1994, included health practitioners who were employed in a local or state public health department, or a clinic or other type of facility operated by a local or state public health department, for purposes of reporting specified types of assaultive conduct.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County District Attorney’s Office (Sponsor)
California Commission on Aging
Safe Alternatives for Violent Environments
Ruby’s Place
Family Emergency Shelter Coalition
Building Futures with Women and Children
Congress of California Seniors
California State Sheriffs’ Association
Opposition
None
Analysis Prepared by:
Mureed Rasool / PUB. S. / (916) 319-3744
Bill Author
Bill Co-Author(s):
