Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is either self-inflicted, caused by a firearm, or caused by assaultive or abusive conduct, including elder abuse, sexual assault, or torture. A violation of these provisions is punishable as a misdemeanor.
This bill would remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct. The bill would instead require that a health practitioner make a report when the injury is life threatening or results in death, as specified, or is the result of child abuse or elder or dependent adult abuse. The bill would require the health practitioner to additionally make a report when a person is seeking care for injuries related to domestic, sexual, or any nonaccidental violent injury if the patient requests a report be sent, as specified.
The bill would also require a health practitioner who suspects that a patient has suffered physical injury that is caused by domestic violence, as defined, to provide brief counseling and a referral to local and national domestic violence or sexual violence advocacy services, as specified.
This bill would make other conforming changes.
Because a violation of these requirements would be a 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.

Statutes affected:
AB3127: 11160 PEN, 11161 PEN, 11163.2 PEN, 11163.3 PEN
02/16/24 - Introduced: 11160 PEN, 11161 PEN, 11163.2 PEN, 11163.3 PEN
04/01/24 - Amended Assembly: 11160 PEN, 11161 PEN, 11163.2 PEN, 11163.3 PEN
05/22/24 - Amended Senate: 11160 PEN, 11161 PEN, 11163.2 PEN, 11163.3 PEN
AB 3127: 11160 PEN, 11161 PEN, 11163.2 PEN, 11163.3 PEN