Mandatory Reporting – Health Care Law (Nursing)

by Christy Davidson

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    00:01 Welcome back everyone We speak many times of the importance of serving as a patient advocate.

    00:06 One of the most important times is when we see negligence or abuse of vulnerable populations.

    00:12 As a collective effort to ensure our vulnerable are protected, we engage in mandatory reporting.

    00:19 Mandated reporters have an individual duty to report known or suspected abuse or neglect relating to children, dependent adults or elders.

    00:30 So let's look at some definitions.

    00:32 A child is defined as anyone less than 18 years of age.

    00:37 A dependent adult falls between 18 and 64 years of age and they also have physical or mental limitiations which restrict their ability to carry out normal activities or protection of their rights.

    00:49 And finally, an elder who is 65 years of age or older.

    00:53 Some professions of reporters include social workers, teachers, healthcare workers, child care providers, law enforcement, mental health profrssionals, medical professionals, and clergy.

    01:11 There are general reporting statutes to consider.

    01:13 First is the good faith belief, and second is the reasonable suspicion.

    01:19 Now there is protection for you under these general reporting statutes and it provides for immunity from civil, criminal and professional licensure actions.

    01:29 This is also a confidential report and the identity of the reporter is hidden from the public.

    01:35 Good faith, is a presumption that attaches to all reports and it must be rebutted by another.

    01:40 For example, a family member or even the alleged victim.

    01:45 Here is some guidelines to consider: You need to watch, look and listen to your patient.

    01:51 Gather as much information as you can about the patient's concerns.

    01:57 Assess the patient constantly for any signs of physical abuse, mental anguish, fear, financial abuse or any unusual behavior.

    02:07 Document your observations and conversations pursuant to your facility or agency's policy and if forms are required, use them.

    02:16 Share your concerns with the individual identified in your facility or agency policy to do so.

    02:22 For example, your chief nursing officer and administrator, or your risk manager.

    02:28 Visit websites in your state that deal with reporting abuse and neglect to obtain guidance and especially in the event your concerns are not supported by your agency or facility.

    02:37 The good news, most have direct hotlines to report your concerns without any agency support Consult with a nurse attorney or an attorney to help guide you with the reporting especially if you're not supported by your employer.

    02:51 If you're in home health nursing or even in the emergency department, or in a long-term facility and you and your patient are threatened, either of your lives are at risk or injury is a possibility, call security if available and 911.

    03:07 When filing report, do so accurately and completely including all content the agency report requires.

    03:14 Remember, when a mandatory duty reports violence against an individual or individuals exist, there is no exception to the directive, one must report without fail.

    03:27 So what did we learn today? We learned mandated reporters have an individual duty need to report known or suspected abuse or neglect relating to children, dependent adults or elders.

    03:39 Healthcare workers and medical professionals are included in the identified common professions of mandated reporters.

    03:46 There are statutes in place to protect those who report illegal and unethical behavior And finally, as patient advocates, it's our ethical duty to report these occurences.

    03:58 I hope you've enjoyed today's video on mandatory reporting.

    04:01 Thanks so much for watching.

    About the Lecture

    The lecture Mandatory Reporting – Health Care Law (Nursing) by Christy Davidson is from the course Professionalism (Nursing).

    Included Quiz Questions

    1. Mandated reporters
    2. Whistleblowers
    3. Patient support representatives
    4. Harmful interventionists
    1. Statutes protect legal action against a licensure if the report was made in good faith and with reasonable suspicion.
    2. The police will act on the nurse's behalf if the attorney attempts to take action against the nurse.
    3. The benefit of reporting the event outweighs the risk of legal action against the nurse's licensure.
    4. With each report of abuse, the reporter is critically appraised by an investigation team to decide if the report was made with malicious intent.
    1. Gather as much information as possible about the client’s condition and concerns.
    2. Leave the room and immediately call the police.
    3. Ask the client’s spouse if there is any reason to suspect abuse of the client.
    4. Continue the assessment and ignore the suspicious bruising because it has nothing to do with the client’s chief complaint.
    1. The nurse must report the abuse without exception and without fail.
    2. The nurse must encourage the elder client to call and report the abuse.
    3. The nurse should encourage the daughter-in-law to file a police report.
    4. The nurse should ignore the dispute because it has no association with the care of the elder client.

    Author of lecture Mandatory Reporting – Health Care Law (Nursing)

     Christy Davidson

    Christy Davidson

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