Legislative Perspectives on Human Trafficking Training for Physicians

ABSTRACT

Human trafficking is a public health crisis in the United States, affecting all 50 states, the District of Columbia, and the territories Puerto Rico and Guam. The damaging effects of human trafficking are also felt globally as countries all over the world grapple with how to best identify victims, prosecute traffickers, and prevent future victimization. Physicians are in a unique position as primary decision makers in medical care to identify and support trafficking survivors in receiving appropriate care and connection to resources for medical and social safety. In the United States, there are currently ten states with legislation requiring licensed physicians to receive training on human trafficking with notable lack of standardization among mandates. The aim of this multidisciplinary article is to discuss legislative considerations for the implementation of a human trafficking training program for physicians and medical trainees. Building upon existing literature, this paper supports the responsive sharing and implementation of physician training in light of increasing national awareness of the damaging effects of human trafficking and the shift toward mandated training for physicians.

KEYWORDS:

• Human trafficking
• medical education
• trauma-informed
• mandatory reporting
• physician
• lawyer

Supplemental data

Supplemental data for this article can be accessed on the publisher’s website.

Acknowledgments

Geisinger Commonwealth School of Medicine for supporting the collaboration with Villanova University and the American Medical Women’s Association Physicians Against the Trafficking of Humans for facilitating collaboration with Villanova Law’s Institute to Address Commercial Sexual Exploitation, as well as Robert Hegadorn, JD for guidance in the revision process.

Disclosure Statement

No potential conflict of interest was reported by the author(s). The views expressed in this manuscript are those of the authors and do not reflect the official policy of the Department of Army, Navy, Air Force, Department of Defense, Defense Health Agency, or the U.S. Government.

Notes

¹ For example, advanced-degree medical professionals could be identified as physicians, doctors, nurses, licensees (with a hyperlink that led to another page listing different types of physicians that receive licenses), emergency service providers, individuals governed by the Department of Health, or by a specific type of medical field (i.e., cardiologists, surgeons, abortion providers, etc.).

² Conn. Gen. Stat. Ann. § 17a-106 h(b)-(c) (West 2017).

³ Id.

⁴ Id. § 46a-170(a).

⁵ Id. § 46a-170(f)(1)(B).

⁶ Id.

⁷ Fla. Stat. Ann. § 456.0341(1) (West 2019).

⁸ Id. § 456.0341.

⁹ Id. § 456.0341(1).

¹⁰ Fla. Admin. Code Ann. r. 64B9-5.002 (2019).

¹¹ Ind. Code Ann. § 16–21-2-2.5(2)(K) (West 2018).

¹² 410 I.A.C. § 26-8-3(c)-(d).

¹³ La. Stat. Ann. § 40:2175.7(1) (2019).

¹⁴ Id. § 40:2175(2)(B)(1).

¹⁵ Id. § 40:2175.3.

¹⁶ Mass. Gen. Laws Ann. ch. 119, § 51A(k) (West 2020).

¹⁷ Id. § 51A(a).

¹⁸ Id. § 21 (West 2018).

¹⁹ Mich. Comp. Laws Ann. § 333.16148(1) (West 2015).

²⁰ Id.

²¹ Id. § 752.1033.

²² N.J. Stat. Ann. § 2C:13–12(c)(1) (West 2013).

²³ N.J. Admin. Code § 8:43E-14.2(b)(1) (2017).

²⁴ Id. § 8:43E-14.2(b)(2).

²⁵ Id. § 8:43E-14.2(a).

²⁶ Id. § 8:43E-14.3(b)(1)–(2).

²⁷ N.Y. Pub. Health Law § 2805-y(3) (McKinney 2017).

²⁸ Id. § 2805-y(1)(b).

²⁹ Id. § 2805-y(1)(c).

³⁰ Tex. Gov’t. Code Ann. § 402.035(d)(6)(B)-(C) (West 2019).

³¹ Tex. Occ. Code Ann. § 116.002(a) (West 2019).

³² Id. § 156.060(a) (West 2019).

³³ 22 Tex. Admin. Code § 216.3(i) (West 2019).

³⁴ Wash. Rev. Code Ann. § 18.71.080(2) (West 2015).

³⁵ Id.

³⁶ Id.

³⁷ Id. § 18.83.090(2).

³⁸ Id. § 18.225.040(10).

³⁹ Id.

⁴⁰ Id.

⁴¹ Minn. Stat. Ann. § 145.4716(2)(1) (West 2017).

⁴² Cal. Penal Code § 11,165.7(c) (West 2020).

⁴³ Ohio Rev. Code Ann. § 4743.07 (West 2012).

⁴⁴ Colo. Rev. Stat. Ann. § 18-3-505(4)(e) (West 2019) (emphasis added).

⁴⁵ Iowa Code Ann. § 710A.6 (West 2015).

⁴⁶ N.D. Cent. Code Ann. § 54–12-33.1 (West 2019).

⁴⁷ Or. Rev. Stat. Ann. § 147.480 (West 2016).

⁴⁸ 11 R.I. Gen. Laws Ann. § 11–67.1-19 (West 2017).

⁴⁹ S.C. Code Ann. § 16-3-2050 (West 2015).

⁵⁰ Tenn. Code Ann. § 71-1-135(b)(5) (West 2019).

⁵¹ Vt. Stat. Ann. tit. 13, § 2661(d) (West).

⁵² Mo. Ann. Stat. § 566.223(3) (West 2011).

⁵³ Id.

⁵⁴ 18 Pa. Stat. and Cons. Stat. Ann. § 3062(1) (West 2018).

⁵⁵ Id. § 3062(1)(vii).

⁵⁶ Id. § 3062(2).

⁵⁷ Mont. Code Ann. § 20-7-1316 (West 2017).

⁵⁸ Okla. Stat. Ann. Tit. 10A § 1-9-123 (West 2015).