Introduction
The government has set aside and put into laws bills that protect the vulnerable population against abuse and neglect. This group of people includes the children, elderly, people with disability, residents of long-term care facilities, and impaired practitioners. Since the formation of the abuse and neglect laws, various changes have been made to state and federal legislation that are affecting this population (Mathews & Kenny, 2008). These amendments define the structures and establishments that are put in place to improve the laws on mistreatment and ignorance of the vulnerable populations and also checks on the strategies that the current legislation holds on both the federal and state levels. It is important to note that each State defines the terms abuse and neglect in different ways. For example, in my state, the law defines the abuse of a child as the “act or failure to act that results in a non-accidental physical injury or sexual abuse of a child.” In this case, a child is any human who is less than eighteen years of age (Mathews & Kenny, 2008).
The neglect section stipulates that when the child is denied the needs such as food, supervision, shelter, medical care, or clothing when the resources to provide the needs are available. The parent or guardian is vested with the role of taking care of their children up to the age stated above. The conditions that surmount to the abuse and neglect are different according to each State. The federal laws and regulations now try to arch the difference that is portrayed in the state laws over the welfare of the child and the vulnerable populations (Pietrantonio et al., 2013). The federal laws define child abuse as "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation (Bond & Butler, 2013)." In nursing, the laws refer to both the children and the elderly in the nursing homes. The federal and state laws are in place to mandate the healthcare practitioners and nurses especially, to report any suspected mistreatment of the vulnerable population. The nurses are enlisted in most of these statute laws if not all. The reporting is mandatory to the practitioners.
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Mandatory Reporting
Authorized medical practitioners are administratively ordered reporters of suspected mistreatment to the concerned population, neglect or abuse of specific gatherings of individuals. Statutes incorporate child abuse and those that report neglect, medicinal disregard of kids and the elderly, laws detailing the abuse of the elderly in the nursing or community homes, and the laws on domestic violence reporting (Bond & Butler, 2013). Detailing statutes have defined conditions and insurances the correspondent must meet and has a specific end goal to guarantee that the process is not done haphazardly (Brent, 2001). Requirements may differ marginally however most statutes on reporting incorporate that the reporter who is mandated should have some general qualities as discussed below. In the first place, they ought to have a "decent confidence conviction" or a "sensible doubt" that the injury or injuries that they are examining are as a result of the abuse inflicted on the victim.
Besides, the practitioner should have the immunity over criminal, civil or actions on professional licensing if the report they provide meets the main criteria. "Great confidence" is an assumption that joins to all reports and should be invalidated by another party like the victim or a relative (Brent, 2001). Finally, the reporter provides that the making of the report was confidential so that his or her identity is kept a secret away from the public. This minimizes the discrimination and victimization on them. When there exists the mandatory duty to report the injuries or abuse on an individual or individuals, there is no compromise to the directive, and the reporter must report without failure (Pietrantonio et al., 2013).
In other words, there should not be anything that stops a nurse from reporting the abuse and neglect. Be it the sense of anonymity, the pressure from family and colleagues that prevent those nurses from reporting, or the fear of disclosing the patients’ identity, the process of reporting must be done dutifully (Brent, 2001).
Methods Healthcare Should Meet
The healthcare facilities should be armed to the letter with the right personnel and the machinery to ensure there is reporting of the abuse and neglect cases appropriately. As an effect, the facilities should meet some methods that ensure they comply with the statutes. These methods and conditions are discussed below as stipulated in the Code of Federal Regulations (42 CFR §483…) (Mathews & Kenny, 2008). First, the healthcare facility should have enough or sufficient nursing staff. The team is responsible for having the examinations on the alleged victims to determine whether the injuries result from the abuse and neglect. Also, in cases of the patients in acute care, the hospital or nursing should ensure that the patients do not develop pressure sores, and in any case they (sores) occur, the personnel should provide the necessary treatment such as early mobilization to fasten healing, prevent recurring sores, and prevent infection.
Also, the nutritional status of the facility should be of acceptable standards to reduce infections and malnutrition lest would be classified as neglect. Also, the healthcare facility should develop a comprehensive plan of care for every patient. The establishment should ensure that the patients and the residents receive the appropriate care and in the case of a nursing home, they should be provided with the aids of hearing and vision abilities. Again, the care establishment should ensure that the resident maintains and prevents their deterioration in abilities such as bathing, toilet, eating, communicating, transferring, ambulating, and dress. It is important to have in mind that the situation of the patients is important and the way they were brought in should not deteriorate as the health care facilities are capable of providing the necessary care. In any case, the services should ensure that the resident is well tended, there are supervision and the assistive measures to prevent accidents as in the event of children and people with disabilities.
How to Report
To provide a comprehensive and efficient reporting, the nurse has to follow some guidelines. Although the statute guidelines may differ, there is an aspect of solidarity in most of them, and they show the way that the reporting should be done (Brent, 2001). To begin with, a nurse should examine, watch, and listen to the patient to gather as much information as possible. By observation on how another nurse treats the patients, the reporting nurse can know whether the colleague has caused abused a patient or not.
The nurse then assesses the patient or child of any physical abuse signs or mental torture, financial abuse, fear, or unusual behavior. The observations should be documented, and any conversation required by the facility’s policy should be used. After that, the nurse should share with the individuals that the system requires or recognizes (Brent, 2001). These can be Administrator, CNO, or Risk Manager. If the concerns are rendered futile in the facility, the nurse should turn to the website that deals with the reporting in their state to get guidance. One should seek the help of the attorney or a nurse attorney to assist in the reporting, especially when the employer does not support. In any case, the life of the reporter or the alleged victim is in danger; the nurse should call security and 911. The report should be filed accurately and comprehensively, inserting all the details that the facility report requires.
Penalties for Noncompliance
When the mandated person is not able or is impeded from making a report on abuse and neglect as provided by law that is a criminal offense especially when the damage results in injuries or harm. The person who fails to report, or impedes the nurse from reporting is guilty of a felony or misdemeanor and is punishable by law with a jail term, a fine, or a combination of both (Mathews & Kenny, 2008). The extent of bail is different in various states with some as low as $300 while some extend to $10,000. The jail term also extends from 30 days to fifty years. Regarding institution, the fine can be as much as one million U.S. dollars.
References
Bond, M. C., & Butler, K. H. (2013). Elder abuse and neglect: definitions, epidemiology, and approaches to emergency department screening. Clinics in geriatric medicine , 29 (1), 257-273.
Mathews, B., & Kenny, M. C. (2008). Mandatory reporting legislation in the United States, Canada, and Australia: A cross-jurisdictional review of key features, differences, and issues. Child maltreatment , 13 (1), 50-63.
Brent, N. J. (2001), “Issues Related To Violence”, in Nurses and the Law: A Guide to Principles and Applications. 2nd Edition. Philadelphia: W.B. Saunders Company, 280-283.
Pietrantonio, A. M., Wright, E., Gibson, K. N., Alldred, T., Jacobson, D., & Niec, A. (2013). Mandatory reporting of child abuse and neglect: Crafting a positive process for health professionals and caregivers. Child abuse & neglect , 37 (2), 102-109.
