Adult Mandatory Abuse Reporting Laws: A Primer for Changing the Law to Empower and Protect Survivors

Objective: In this paper, we examine mandatory abuse reporting laws and present arguments for improved protection of domestic abuse survivors. Methods: Using Wisconsin as an example, our analysis reviews Wisconsin law, the Wisconsin Medical Society's domestic violence policy, mandatory reporting laws of other states, unintended risks associated with mandatory reporting, and survivors' attitudes about mandatory reporting. Results: Our analysis produced 5 policy alternatives to mandatory reporting, based in part, on their potential effectiveness, as well as their administrative and political feasibility. Conclusions: Possible alternatives include: (1) adding a patient consent provision to current statutory language; (2) repealing or revising current statutory language; (3) having non-law enforcement officials become alternative recipients of any mandated reports; (4) protecting survivor identity; and (5) creating an exception to existing statutory language that would be applicable providing the survivor is an adult, is injured as a result of domestic violence, does not consent to disclosure, and is provided with appropriate referrals to domestic abuse protective agencies.