Mandatory Reporting for Healthcare Practitioners

Nicole Irmer | Posted in Licensing Defense,News on October 8, 2018

Many professionals are required to report when they suspect that child or elder abuse has occurred. Although one may have been educated to the requirements for mandatory reporting, it is important to be cognizant of the strict rules regarding mandatory reporting.

What professionals are Required to Report Suspected Abuse

• Medical Professionals: Physicians, Nurses, Physical Therapists, Medical Examiners, etc.
• Mental Health Professionals: Social Workers, counselors, therapists, etc.
• Teachers and school personnel.
• Childcare Providers.

The Requisite Standard to Determine if Reporting is Required

Any individual listed above is required to report abuse if they have reasonable suspicion or has reason to believe that abuse or neglect has occurred. The threshold of “suspect” is extremely low. According to Penal Code Section 11166 “’reasonable suspicion’ means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. ‘Reasonable suspicion’ does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any ‘reasonable suspicion’ is sufficient.”

The professional is not expected to do a thorough investigation before referring the matter over the authorities, they are required to report when they have any reasonable suspicion of child abuse.

Consequences for Failing to Report Suspected Child Abuse

If a professional fails to report suspected child abuse they will be subject to both criminal and administrative discipline, EVEN IF no actual abuse occurs. Penal Code Section 11166(c) states in part that a “mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor.”  Moreover, it is a violation of professional ethics to fail to report the suspicion of child abuse if you are a mandated reporter. As such, when a mandatory fails to report suspected child abuse, they may be disciplined by the licensing Board/Agency.

If you have been contacted by an investigator alleging that you violated Penal Code Section 11166, or that you failed to report suspected child abuse, do not hesitate in contact our office at (619)237-6130 to schedule an initial consultation.