Legal Responsibility to report?

[chocokitten]

I am a RN working in Michigan. recently my facility adopted a new admissions assessment form. This form includes questions asking if the patient has ever been a victim of sexual abuse. What legal obligation do I have as a nurse to report this? Do I report it? what if it happened years ago, or if the patient does not want it reported?

Many of the nurses here have this same concern, and have voiced it to management but no response yet... anyone have any information? I'm not sure where to look.

[wrldwatchn2]

How about contacting your local human services department? If your facility is not going to define the issue for you, then they will certainly let you know what your state law requires of you as a required reporter.

Good Luck!

[ebear, BSN, RN]

I think you would need to discuss with the patient (privately) whether this happened in the distant past or if this is a situation they are currently experiencing. If necessary to report problem, go through Social Services Dept. at your facility and they will further investigate and take appropriate action. Don't jump the gun.

[wrldwatchn2]

I think you would need to discuss with the patient (privately) whether this happened in the distant past or if this is a situation they are currently experiencing. If necessary to report problem, go through Social Services Dept. at your facility and they will further investigate and take appropriate action. Don't jump the gun.

I hope I wasn't misunderstood about contacting Human Services. My point was to contact them without having interviewed a patient. You can pose all types of senerios of what may be reportable, and understand your legal responsibilities.

If your facility isn't going to define a policy and proceedure which provides you with protection, then knowing your state law will.

Good Luck

[chocokitten]

Here at the VA we have a unique patient population that is predominately elderly males. I'm aware that sexual abuse does happen to men but most of our patients just laugh at us or say "Hell yes, I wish!" or something >_>

I have had a few though that teared up and reported abuse from their childhood...

[Virgo_RN, BSN, RN]

In my state, you have a legal obligation to report child abuse and elder abuse, but not domestic violence. You need to check with your state BON.

[wrldwatchn2]

Wow...how sad. Our State allows the abuse to be reported well after an individual turns 18, but after the statute of limitations is met there is nothing that can be done. I can't imagine what your patients have gone through if they have carried this burden for all their life without any resolution.

Many of our criminally mentally ill males have also experienced sexual abuse. It really screws them up.

[Virgo_RN, BSN, RN]

Wow...how sad. Our State allows the abuse to be reported well after an individual turns 18, but after the statute of limitations is met there is nothing that can be done. I can't imagine what your patients have gone through if they have carried this burden for all their life without any resolution.

Many of our criminally mentally ill males have also experienced sexual abuse. It really screws them up.

Are you referring to my post?

[wrldwatchn2]

Are you referring to my post?

Sorry Nancynurse08, you are a faster typer than I am. I was refering to Chocokitten's VA patients.

[chocokitten]

Wow...how sad. Our State allows the abuse to be reported well after an individual turns 18, but after the statute of limitations is met there is nothing that can be done. I can't imagine what your patients have gone through if they have carried this burden for all their life without any resolution.

Many of our criminally mentally ill males have also experienced sexual abuse. It really screws them up.

yes... it is very sad. Especially when the perp might be dead already so even if it weren't too late, there is nothing to be done... One thing that stinks is that these questions drag up these tough memories then I do not have the time to do anything therapeutic beyond "That must be very difficult... I'm sorry..." then rushing on to finish of the huge assessment cause I have 3 other patients to care for. Our facility doesn't do anything about the answers either, really... It's data collection imo They also ask if the person was sexually abused while in the military.

[TiredMD]

State laws vary, but in general all health care workers are mandatory reporters for child and elder/dependent adult abuse. In most states, violence against an independent adult is not reportable without patient consent.

The real point of such questionairres is not to initiate legal action against abusers. It is to connect victims with services. Anyone whose facility screens for abuse should be prepared to offer sources of support to patients who answer affirmatively. This can be as simple as a resource list of local counseling centers and support lines.

If you don't know what to do, refer it on to your staff physician who (hopefully) will fulfill his/her responsibility and get these people the help they need. The psychological damage of sexual/physical trauma needs to be treated like any other medical condition, regardless of how long ago it occurred.