Colorado doctors and physician assistants are required to report to the police any domestic violence-related gunshot wounds and knife wounds. For all other domestic violence-related injuries, doctors and physician assistants may – but are not required – to report the injuries if the victim:
- is at least 18 years old, and
- requested that the injury not be reported.
1. What is the penalty for failing to report domestic violence?
It is a petty offense in Colorado for doctors and physician assistants (“licensees”) to fail to report gunshot wounds or knife wounds related to domestic violence to a local law enforcement agency.
It is also a petty offense not to report other domestic violence-related injuries unless the victim is at least 18 and indicated the preference not to report.
Petty offenses under Colorado state law carry a penalty of:
- Up to 10 days in jail, and/or
- Up to $300 in fines.2
2. What other obligations do doctors have to domestic violence victims?
Under Colorado reporting laws, doctors and physician assistants who honor an adult domestic violence victim’s request not to report their injuries are required to document this request in the victim’s medical records.
Doctors and physician assistants who do report a domestic violence victim’s injuries to police should make a good faith effort to confidentially notify the victim of their intent to make the report.
Whether or not a doctor or physician assistant reports a domestic violence victim’s injuries, the doctor or physician assistant should refer the victim to a victim’s advocate or to other services (such as victim assistance hotlines).3
3. What constitutes domestic violence?
“an act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person or any municipal ordinance violation against a person when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship [‘intimate partner’].”
“relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”4
4. Can doctors be sued for making a report?
No. Doctors and physician assistants cannot be held civilly liable for reporting a victim’s injuries to the police as long as they had a good faith belief that domestic violence was the cause.
But as discussed above, failing to follow reporting requirements is a criminal petty offense in Colorado.5
Colorado doctors must notify the police of victims who were deliberately shot.
5. Who are mandatory reporters for child abuse?
Some of the mandatory reporters for child abuse include:
- medical professionals,
- social workers in any licensed or certified facility or agency (such as child care providers),
- mental health professionals,
- teachers,
- police,
- clergy members,
- workers of county departments of health, human services or social services, and
- emergency medical service providers.
Failing to report child abuse when required is a class 2 misdemeanor. Penalties include up to 120 days in jail and/or up to $750 in fines.6
Learn more at Child Protective Services, Colorado Department of Human Services.
6. Who are mandatory reporters for abuse of the elderly?
Some of the mandatory reporters for elder abuse or abuse of adults with intellectual disabilities are:
- court-appointed guardians and conservators,
- clergyman,
- law enforcement officers,
- home health staffers,
- anyone providing medical care services,
- first responders,
- social workers,
- health care workers, and
- people doing case management or assistant services for at-risk adults.
Failing to report elder/at-risk adult abuse is a class 2 misdemeanor. Penalties include up to 120 days in jail and/or up to $750 in fines.7
Learn more at Adult Protective Services, Colorado Department of Human Services.
If you are a victim of domestic abuse or sexual assault, contact the National Domestic Violence Hotline at 800-799-7233. And consider taking out a protection order against your abuser.
Legal References
- Colorado statute 12-240-139. See also People v. Covington, (2001) 19 P.3d 15.
- C.R.S. 12-240-139.
- CRS 12-240-139.
- CRS 12-240-139.
- CRS 12-240-139.
- CRS 19-3-304. See also People v. Jimenez, (Colo. App. 2008) 217 P.3d 841.
- CRS 18-6.5-108.
