California Penal Code

§ 11161.8

PEN § 11161.8Title 1 · Part 4 · Ch. 2 · Art. 2

Statute text

Every person, firm, or corporation conducting any hospital in the state, or the managing agent thereof, or the person managing or in charge of such hospital, or in charge of any ward or part of such hospital, who receives a patient transferred from a health facility, as defined in Section 1250 of the Health and Safety Code or from a community care facility, as defined in Section 1502 of the Health and Safety Code, who exhibits a physical injury or condition which, in the opinion of the admitting physician, reasonably appears to be the result of neglect or abuse, shall report such fact by telephone and in writing, within 36 hours, to both the local police authority having jurisdiction and the county health department. Any registered nurse, licensed vocational nurse, or licensed clinical social worker employed at such hospital may also make a report under this section, if, in the opinion of such person, a patient exhibits a physical injury or condition which reasonably appears to be the result of neglect or abuse. Every physician and surgeon who has under his charge or care any such patient who exhibits a physical injury or condition which reasonably appears to be the result of neglect or abuse shall make such report. The report shall state the character and extent of the physical injury or condition. No employee shall be discharged, suspended, disciplined, or harassed for making a report pursuant to this section. No person shall incur any civil or criminal liability as a result of making any report authorized by this section.

Legislative history

Amended by Stats. 1979, Ch. 1019.