Legal Aspects- Chapter 13

Child Abuse Prevention & Treatment Act

Defines the term "child abuse and neglect" as any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical, emotional harm, sexual abuse, exploitation, or act/failure to act that presents an imminent risk

Who is required to report child abuse

Physicians, interns, RN's, chiropractors, social service workers, psychologists, dentists any person in the healthcare setting,.. (pg 202) are required to report, or cause a report to be made, when they have reasonable cause or suspect

What is "Good -Faith" reporting

The person making the report believes the facts reported are true, legally protected

What steps must be made in filing a report of child abuse

Oral report be made immediately, followed by a written report containing: Child's name & address, age, persons responsible for child's care, nature & extent of child's injuries & any other pertinent information

Who is immune from liability

Anyone who reports in good faith, case study: Marks v Tenbrunsel

CASE STUDY: Marks v Tenbrunsel

Patient had been assured anything he disclosed during his treatment sessions would remain confidential, during this time he disclosed he fondled 2 children under age of 12, as a result 2 psychologists made a "good faith" report to Child protective service

Elder Abuse

Any form of mistreatment that results in harm or loss to an older person.

Birth and Deaths

Must be reported by statute

Health Care Quality Improvement Act ( HCQIA) of 1986 (pg 204)

Enacted to improve the quality of medical care by encouraging physicians to participate in peer review & by restricting incompetent physicians ability to move from state to state w/o disclosure of previous performance

National Practitioner Data Bank (NDPB)

Created by Congress as a national repository of information w/ primary purpose of facilitating a comprehensive review of physicians & other health care providers

What department is responsible for data bank implementation

Bureau of Health Professions, Health Resources & Services Administration of the DHHS

How often must Health Care Organizations query the data bank

Every 2 years on the renewal of staff privileges

What diseases of the newborns do Hospitals have to report to Maternal & Child Health Office, part of State Health Department

1. Hemolytic disease of Newborn, (HDN) erythroblastosis; Rh factor
2. Conjunctivitis; Infection of Eye usually from Gonorhea, Syphyillis (Calif., every newborn is treated to prevent)
3. Diarrhea of Newborn; indicative of Intestinal disease

Preventable Heritable Disorders: Health & Safety Code 309 requires newborns to be tested

Newborn Testing is currently required for certain Inheritable Disorders that all lead to some form of retardation

What diseases in the newborn cause degrees of retardation that have to be reported

1. Phenylketonuria- rare condition in which a baby is born without the ability to properly break
down an amino acid (Mandatory reporting)
2. Hypothyroidism- not detected for about 1 month (If discovered, then reportable)
3. Galactosemia- rare inheritable

After birth of baby, what must hospitals obtain?

Informed consent from the parents that a blood specimen will be taken from the newborn for genetic testing

After birth of baby, if parent does not consent to genetic testing what must the hospital obtain

Refusal must be documented by completing "Newborn Screening Test Refusal" form

What is the state's interest in testing Newborns

Concern for newborn
Monetary interest, because the state would be paying a lot of money

After receiving "Newborn Screening Test Refusal" form what 3 forms do you have to document, file

1. Mother's chart
2. Newborn's chart
3. Send to State Depart. of Health Service (genetic testing)

Abused Children: California Penal Code 11165-11174

Requires certain persons, including any "child care custodian", "medical practitioner", or "non medical practitioner" who has knowledge of or suspects has been victim of child abuse has to report. (pg 75, notes)

If you suspect child abuse, what are you required to do

1. Report such suspected instances of child abuse to a "Child Protective Agency" immediately by telephone
2. File a written report within 36 hours

When is Mandatory reporting involving child abuse required

Physical injury, Sexual assault, Willful Cruelty/Unjustifiable punishment, Corporal punishment, Neglect, Abuse in out-of-home care,

Willful Cruelty/Unjustifiable Punishment

Physical, can be Mental suffering
i.e. Tie to bed, keep in closet

Corporal Punishment

Anything that leaves a Mark

Neglect

Severe failure to thrive, Malnourished, general lack of adequate supervision, food, clothing

Abuse in out-of-home care

Foster care, School, Institution or Agency

Discretionary reporting for certain suspected mental or emotional abuse

Often this is by School Teachers reporting at their discretion, Very difficult to prove, unless child directly told

Classifications of persons are required or permitted to report

Mandatory- All persons employed with children Non-mandatory- (Penal code 11166 c) Permits but does not require, i.e. Neighbor
Hospitals- (Penal code 11166 d 11166 e) Allowed to have internal procedure, duty is on Individual! i.e. Nurse suspects abuse, rep

Who do you file child abuse reports to

Police, Sheriff's Department, County Probation Department, or a County Welfare Department (Penal code 1165 (k)) immediately by telephone, and within 36 hours file a written report

Are diagnostic x-rays permitted without parental consent if suspect abuse

(Penal code 11171) You may obtain a "Skeletal" image ONLY, can't use contrast material w/o consent

When are physcian/patient privileges inapplicable

Neither the physician-patient or psychotherapist-patient privilege applies to information reported pursuant to this statute in any court proceeding or administrative hearing. (Penal code 11171)

Who is immune from liability for reporting Abuse

Any person who does so in "good-faith" should not incur personal/civil liability for reporting

Relevant case: June 13, 1999

Felony child abuse conviction, made possible thanks to nurse's documentation.
Child abuse is a "reportable" crime. This means
when a healthcare worker suspects in the course of their duties that a child has been abused, it must be reported. Procedures are

Suspected Dependent Adult/elder/Abuse {Welfare & Institutions code 15630 (a) (1) (2) & 255633 (a) (b)

Physical, Mental, Financial
i.e. Stealing in a convalescent home

Reportable Diseases [ Health & Safety Code 3125] Title 17, California Adminstrative code 2500

Code that Physicians & Hospital administrators require to file Reportable Diseases

Outbreaks or Unusual Diseases: Title 17, Ca admin code 2502 & 2503

Report infectious parasites, tapeworm, & even those not on list

What department do you report diseases to

Department of Health

Lapses of consciousness

Must report anyone over age 14 years of age, i.e. epilepsy, need to be seizure free for a period of time

Certification of Birth [Health & Safety code 10125]

Any live birth occurs in hospital, administrator must register birth, (may delegate to another staff member but must be in writing) with local registrar within 10 days of birth

Injuries by Deadly weapon or Criminal act [Penal code 11160-11161]

Hospitals, physicians, or any other medical staff have to report to law enforcement immediately by and submit written report within 36 hours