CRS § 12-240-139 mandates that certain professionals such as physicians in Colorado report specific injuries to law enforcement. The statute also immunizes them from lawsuits for making these reports. If they fail to report, they can face petty offense criminal charges.
Examples of mandatory injury reporting include:
- Cheryl is an emergency room surgeon. Zeke is rushed to the emergency room with a gunshot wound. Zeke refuses to say how he got shot.
- Beatrice is a physician’s assistant at a doctor’s office. One of their regular patients schedules an emergency appointment. He has a serious dog bite wound that he claims was from a new neighbor’s pit bull.
- Nicola is a primary care physician for children. During a physical exam of a young girl, Nicola notices bruises and other signs of abuse.
If you are accused of failing to report an injury, you have several legal defenses such as:
- You are not a mandated injury reporter under the statute,
- The injury was not covered by the law, and
- The injury was not likely the result of a crime.
Violations of the mandatory injury reporting law in Colorado are petty offenses, which carry:
- A fine of up to $300, and/or
- Up to 10 days in jail.
Doctors can also face problems with their licenses if they do not report an injury.
In this article, our Denver Colorado criminal defense attorneys will discuss:
- 1. What is mandatory injury reporting under CRS 12-240-139?
- 2. What legal defenses can be raised against a charge of violating CRS 12-240-139?
- 3. What are the penalties of a conviction for failing to report an injury?
- 4. Can you remain anonymous as a mandatory reporter?
- 5. Offenses related to mandatory injury reporting
- 6. Other mandated reporters
- Additional resources
CRS 12-240-139 requires licensed doctors, physician assistants, and anesthesiologist assistants to inform police if their patients have certain suspicious injuries.
1. What is mandatory injury reporting under CRS 12-240-139?
CRS 12-240-139 is Colorado’s mandatory injury reporting law. It requires certain medical professionals to report suspicious injuries to the police. It also protects doctors from a lawsuit for making these reports.
What medical professionals are covered by the law?
The mandatory reporting law covers “licensees,” which are any of the following health service providers licensed to practice medicine in Colorado:
- A physician,
- A physician’s assistant, or
- An anesthesiologist’s assistant who is licensed.1
Anyone who is not licensed to practice medicine in Colorado is not subject to CRS 12-240-139.
What injuries have to be reported?
Colorado’s mandated injury reporting law only covers certain kinds of injuries:
- Gunshot wounds that seem to be intentional,
- Stab wounds that seem to be intentional,
- Dog bite injuries that seem to be caused by dangerous dogs, and
- Any other injury reasonably believed to have been caused by a crime, such as child abuse or sexual abuse.
However, injuries from suspected domestic violence do not have to be reported if:
- They are neither gunshot nor stab wounds nor dog bites, and
- The injuries are not serious.
Domestic violence victims over 18 years of age can also ask a doctor not to report their injuries.
Doctors have to take extra steps when the injury seems to be from domestic violence. They have to refer a victim to a domestic violence support agency.
See our related article, Does Colorado mandatory reporting apply to domestic violence?
What kinds of dog bites need to be reported?
Among the injuries that have to be reported under CRS 12-240-139 are certain dog bites. However, the law does not list the dog breeds that are covered. Instead, the law requires injuries to be reported if the bite was caused by a “dangerous dog.”
Under Colorado law, “dangerous dogs” are those that:
- Hurt people or other animals,
- Have tendencies that suggest it would hurt people or animals, or
- Engages in dog fights or is trained to fight other dogs.2
2. What legal defenses can be raised against a charge of violating CRS 12-240-139?
Medical professionals charged with a mandatory reporter violation have several legal defenses. These include:
- You are not covered by the statute.
- The injury is not covered by the statute.
- The victim does not want the injury reported.
- You did not think the injury was the result of a crime.
You are not covered by the statute
The mandatory reporter law only covers certain medical professionals:
- Physicians,
- Physician’s assistants, and
- Anesthesiologist’s assistants.
If you are not a mandatory reporter, you cannot violate the mandatory reporting law.
The injury is not covered by the statute
The mandatory reporter law only covers a small set of injuries. If you are being accused of failing to report, the prosecutor has to prove it was one of these injuries beyond a reasonable doubt.
The victim does not want the injury reported
Colorado’s mandatory injury reporting statute allows adult victims of domestic violence to ask a doctor not to report their injuries in some situations. Note that this legal defense requires several things:
- The victim is at least 18 years old,
- The injury seems to be the result of domestic violence,
- The injury is not a gunshot or a stab wound that would otherwise require reporting, and
- The victim asks that the injury not be reported.
You then have to note the victim’s request in their medical record.
You did not think the injury was the result of a crime
If the injuries did not involve a gunshot or stab wound or a dog bite, it only has to be reported if there is reason to believe it was the result of a crime. If you did not believe the injuries were the result of a crime and that belief is reasonable, it could be a strong defense.
3. What are the penalties of a conviction for failing to report an injury?
Violating Colorado’s mandatory injury reporting law is a petty offense. The penalties for a conviction include:
- A maximum fine of $300, and/or
- A maximum jail sentence of 10 days.
A petty offense is less serious than a misdemeanor. However, a conviction for failure to report an injury can put a blemish on a doctor’s record. This can make it difficult to get a job or professional license in the future.
Mandatory reporters in Colorado are immune from prosecution for telling police about certain suspicious injuries.
4. Can you remain anonymous as a mandatory reporter?
It depends. For instance, Child Protective Services keeps reports confidential. Though if prosecutors press charges, they may call upon the reporter to testify at a trial. Plus the victim’s alleged abusers may be present.
5. Offenses related to mandatory injury reporting
There are several offenses under state law related to failing to report injuries. Some of them include:
- Unauthorized practice of medicine (CRS 12-36-129). This makes it illegal to claim to be a doctor without the proper license.
- Being an accessory to a crime (CRS 18-8-105). This law makes it illegal to help someone get away with a crime.
6. Other mandated reporters
There are many other occupations that require practitioners to contact the local law enforcement agency to report physical abuse or other harm.
Under CRS 19-3-304, the following professionals must report child abuse if they have reasonable cause.
- Social worker or worker in any licensed or certified facility or agency (such as child care providers, foster parents, residential care facilities workers, youth or homeless shelters)
- Officials or workers of county departments of health, human services or social services
- Physician or surgeon, including a physician in training
- Registered nurse or licensed practical nurse
- Child health associate
- Medical examiner or coroner
- Dentist
- Osteopath
- Optometrist
- Podiatrist
- Chiropractor
- Physical therapist
- Hospital personnel engaged in the admission, care, or treatment of patients
- Christian science practitioner
- Public or private school official or employee
- Mental health professional
- Dental hygienist
- Registered dietitian
- Psychologist
- Veterinarian
- Peace officer
- Pharmacist
- Commercial film and photographic print processor
- Firefighter
- Victim’s advocate
- Licensed professional counselor, marriage and family therapist
- Registered person as a psychologist candidate, marriage and family therapist candidate, or licensed professional counselor candidate
- Registered psychotherapist
- Clergy member
- Worker in the state department of human services
- Juvenile parole and probation officer
- Child and family investigator
- Officer and agent of the State Bureau of Animal Protection, and animal control officers
- Educator providing services through a federal special supplemental nutrition program for women, infants, and children
- Director, coach, assistant coach, or athletic program personnel employed by private sports organization or program
- Emergency medical service provider (EMTs)
- The child protection ombudsman
Under CRS 18-6.5-108, the following are the professionals who must report abuse, mistreatment, or exploitation of at-risk adults who are elderly and adults with intellectual and developmental disabilities (IDD).
- Court-appointed guardians and conservators
- Veterinarians
- Clergy
- Employees, consultants, or volunteers who transport at-risk adults
- People providing health care or health-care related services.
- Home health staffers
- Staff of hospital and long term care facilities engaged in admission, care, or treatment of patients.
- First responders, which includes: emergency medical providers, fire protection personnel, law enforcement offices, anybody employed, contracted, or volunteers of any law enforcement agency, which includes victim advocates.
- Medical examiners and coroners
- Code enforcement officers
- Psychologists, addiction counselors, professional counselors, marriage and family therapists, and registered psychotherapists
Social workers - Staff of Community Centered Boards
- Staff, consultants, or independent contractors of service agencies for persons with IDD
- Staff or consultants of a care facility, agency, home, or governing board (licensed or unlicensed, certified or uncertified) including long-term care facilities, home care agencies, or home health providers
- Caretakers, staff members, employees, or consultants for a home care placement agency
- People doing case management or assistant services for at-risk adults
- Staff of County Departments of Human Social Services, Colorado Department of Human Services (CDHS), Colorado Department of Public Health and Environment (CDPHE), Colorado Department of Health Care Policy and Financing (HCPF)
- Staff of senior centers or senior outreach and research organizations
- Staff and staff of contracted providers of Area Agencies on Aging (AAAs) (not including the long-term care ombudsman)
- School personnel at schools serving people in Pre-K through 12th grade
- Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions
Reporters should be immune from being sued if they make a false report in good faith.
Additional resources
- Colorado Department of Human Services (CDHS) Child Welfare – The Division of Child Welfare supervises child welfare practice and offers policy direction.
- Colorado Department of Human Services Mandatory Reporting Training – A module on how to identify and report abuse, neglect, and exploitation of at-risk elders and at-risk adults with intellectual and developmental disabilities.
- Child Protective Services hotline – A number to call to report suspected child abuse or neglect in Colorado.
- Rape, Abuse, and Incest National Network (RAINN): Mandatory reporting for child victims – Brief overview of Colorado’s mandatory reporting requirements.
- Colorado Office of School Safety: Mandatory Reporting Tip Sheet – Guidelines for teachers and school professionals on signs of abuse and neglect.
References:
- CRS § 12-240. Note that prior to March 1, 2022, failure to report injuries by mandatory reporters was a Class 2 petty offense punishable by up to $300 and/or 90 days in jail. SB21-271.
- CRS § 18-9-204.5(2)(b).