§ 22-59. Immunity from liability – Presumption of good faith.

A.  Any physician, surgeon, resident, intern, physician’s assistant, registered nurse, or any other health care professional examining, attending, or treating the victim of what appears to be domestic abuse or is reported by the victim to be domestic abuse,  participating in good faith and exercising due care in the making of a report pursuant to the provisions of the Domestic Abuse Reporting Act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.  Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

B.  No physician, surgeon, resident, intern, physician’s assistant, registered nurse, or any other health care professional examining, attending, or treating any victim who is over the age of eighteen (18) years and is not an incapacitated adult of what appears to be domestic abuse or is reported by the victim to be domestic abuse, shall not be required to make a report of the criminally injurious conduct unless requested by the victim to do so and shall have immunity from liability, civil or criminal, that might otherwise be incurred or imposed for not making the report.  Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

C.  For purposes of any proceeding, civil or criminal, the good faith of any physician, surgeon, intern, physician’s assistant, registered nurse, or any other health care professional in making a report pursuant to the provisions of Section 3 of this act shall be presumed.

Added by Laws 2005, c. 53, § 4, eff. Nov. 1, 2005.