Psychologists face new nuances in reporting mandates

Psychologists nationwide face emerging trends in state-mandated reporting requirements for several areas of their practices.

Rachael Soule, director of business regulations & independent practice in the American Psychological Association’s (APA) Office of Professional Legal and Regulatory Affairs, said the most significant shift she has seen impacts child abuse or neglect reporting. Increasingly, many states require a clearer legal distinction between situations like genuine child neglect resulting in harm versus family situations stemming from a lack of resources like food insecurity or housing challenges.

A complicating factor is that some states are actively revising their legal definitions of what constitutes abuse or neglect, she said. For example, many mandated reporters struggle to differentiate between a family lacking resources because of poverty—which is explicitly not reportable in certain states—and actual neglect that poses a substantial risk of serious harm, which is reportable.

“The challenge is that both scenarios may present very similarly in practice, but only one actually triggers a professional’s legal reporting obligation,” Soule said. “The key is knowing your specific state’s language and thresholds, because what is reportable in one state may not be in another.”

Another nuance is the fact that the legal language triggering the duty to report suspected abuse or neglect isn’t uniform across all 50 states, she said. Each state uses different standards for when a report must be made such as “reasonable cause to suspect,” “substantial risk of harm,” or “unreasonable risk of harm.”

“Many reporters struggle with understanding exactly what actions or circumstances would meet these legal thresholds,” said Soule. “What does it mean for a risk to be ‘substantial’ versus ‘unreasonable,’ or when does a situation meet the legal threshold to trigger the mandatory reporting obligation?”

Another area with reporting requirements that can differ state to state regards potential threats of violence. While there are no national, unified gun reporting laws specifically requiring psychologists to report their patients, some regional jurisdictions do have such laws, she said. New York’s SAFE Act, for example, enacted in 2013, mandates mental health professionals report a patient likely to engage in conduct that would result in serious harm to self or others, and this information can be used to suspend or revoke firearms licenses.

At the federal level, she noted, it’s illegal for individuals who have been ruled “mentally defective” or involuntarily committed to a mental institution to possess firearms. Many states have also adopted “red flag” or Extreme Risk Protection Order laws, which allow family members or law enforcement to ask a court to temporarily take away firearms from someone who may pose a danger to themselves or others.

However, aside from specific laws like the SAFE Act, most states don’t directly link psychologists’ mandatory reporting duties to firearm licensing or removal procedures.

Some states are increasing their formal training requirements on mandatory reporting, Soule said. “This is an acknowledgement of the complexity of the reporting process and the necessity of keeping professionals up to date on evolving standards and challenges,” she said.

Maine has an established mandatory reporter training requirement for psychologists that must be completed at least every four years, Soule noted. And recently, New York required that all mandated reporters complete an updated curriculum, designed to address modern challenges in reporting.

Some states take a more targeted approach and mandate training for specific mandated reporters, typically teachers and school personnel, but recommend that all mandated reporters complete the courses, she added.

For example, Connecticut provides training programs, often through its Department of Children and Families, for all mandated reporters, but typically only mandates refresher training on a specific cadence for school employees. “While psychologists aren’t obligated to commit to this training on this cadence, they are encouraged to do so,” Soule said.

What are the best ways for psychologists and other mental health professionals to stay up to date on evolving mandatory reporting requirements? Soule advises regularly checking your state’s board of psychology website for licensure renewal requirements, such as mandatory training hours.

State child protective services or adult protective services websites may also be helpful resources for reporting requirements and free, state-approved training courses. The APA’s website also regularly highlights emerging trends or changes in reporting.