Additional
Information/Conclusion
In instances where a patient has
been raped or sexually assaulted, physicians must follow the reporting
requirements outlined in the Legal Advisor article. That is, the
physician must report such abuse when the patient is (1) under 18, (2)
60 and over, (3) disabled, or (4) in a long-term care facility. If the
patient does not fall into any of these groups, it is solely the
patient’s decision whether or not to report the rape or sexual
assault to the police. However, regardless of the patient’s
decision, Massachusetts law requires that the treating physician report
the incident at once to the Criminal History Systems Board and to the
police of the town where the rape or sexual assault occurred. Note: when
reporting the incident the physician must not include the
patient’s name, address, or any other identifying information
Physicians should also be cognizant
of reporting requirements based on the type of injury to the patient
that apply to all patients, regardless of age or
disability. Massachusetts creates an additional reporting
requirement when a patient’s injuries are the result of a
discharge of any firearm, including air rifles. Physicians must also
report injuries caused by a knife or other sharp or pointed instrument
if, in the opinion of the physician, a criminal act was involved.
Additionally, physicians are required to report burns affecting five per
cent or more of the surface area of the patient’s body. These
injuries must be reported to the colonel of the state police and to the
police department of the town where physician treated the injury. In the
case of burn injuries, notification must also be made to the state fire
marshal and to the police of the town where the burn injury
occurred.
For more information on the duties
of mandated reporters, and reporting requirements, please see the
following resources:
WWW.MASS.GOV
Child Abuse and Neglect Reporting - A Guide for Mandated
Reporters
http://www.mass.gov/Eeohhs2/docs/dss/can_mandatedrptrguide_english.pdf
Massachusetts Medical
Society
Contact Numbers - Mandated Domestic Violence Reporting and
Legal Services
http://www.massmed.org/AM/Template.cfm?Section=Search&template=/CM/HTMLDisplay.cfm&ContentID=3044
Massachusetts General Laws
– Reporting Requirements
Child Abuse – M.G.L.
c. 119 § 51A
http://www.mass.gov/legis/laws/mgl/119-51a.htm
Abuse of the Disabled
– M.G.L. c. 19C § 10
http://www.mass.gov/legis/laws/mgl/19c-10.htm
Elder Abuse – M.G.L.
c. 19A § 15
http://www.mass.gov/legis/laws/mgl/19a-15.htm
Sexual Assault –
M.G.L. c. 112 § 12A½
http://www.mass.gov/legis/laws/mgl/112-12a.5.htm
Gunshot and Other Wounds
– M.G.L. c. 112 s. 12A
http://www.mass.gov/legis/laws/mgl/112-12a.htm
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