Legal and Ethical Considerations Relating to Mandatory Reporting in Aged Care
In the United States, medical practice is generally regulated by the states. Some federal organizations also have reporting requirements. The U.S. Food and Drug Administration (FDA) Adverse Event Reporting System is a computerized database designed to support the FDA`s postmarket safety monitoring program for approved drugs and therapeutic biologics.1 Since the introduction of SIRS in 2021, senior care facilities have been encouraged to establish strict protocols to help employees understand How to avoid serious incidents and can report. They are regularly trained so that there is a clear understanding of right versus wrong and a clear overview of what to do in the worst-case scenario. Reporting of most infectious diseases is generally not controversial, although there have been exceptions. In the early days of HIV infection, the stigma associated with it caused some reluctance to report the disease. Some state laws penalized doctors and hospitals for reporting and required test results to be hidden. Reporting was avoided both economically and socially because of the very real fear of discrimination, even if the disease was transmitted through routes such as blood transfusions or pinprits. Public relations campaigns have been launched against these attitudes, including by U.S. Surgeon General C.
Everett Koop, MD. More recently, public attitudes and legislation have changed, and in recent years they have called on doctors or health facilities to report HIV to mitigate the spread of the virus. There are important implications for accurate reporting, as the company funds research into the most common diseases in the population, inclusion in government-supported insurance and disability programs, and support services. Reporting HIV, which was once prevented, is now required by law and widely accepted, and actually reduces the stigma associated with infection or homosexuality, which is now much more accepted in society. Discussions about mandatory reporting in senior care, the various mandatory requirements, and reporting serious incidents can be overwhelming. However, these strict systems are in place to ensure that nothing goes wrong and that the highest possible level of accountability is maintained. The rights of people receiving care in Australia are covered by so-called quality standards. There are eight specific quality standards for senior care that reflect the level of care everyone should expect. Any provider of care homes for the elderly should be able to demonstrate to the Commission for Quality and Safety in Aged Care that they meet the quality standards of care for the elderly.
It is important to note that most “tarasoff” laws apply to mental health professionals, but not to emergency personnel. However, some states have a duty to warn laws that apply to all doctors and others. Doctors and other providers should be aware of their state`s laws. If they are unsure, they should contact psychiatry, hospital legal counsel, or both to absolve themselves of responsibility. The ministry approves care providers under the Geriatric Care Act. If suppliers do not comply with their obligations under the Act, the Secretary may issue a notice of non-compliance or impose penalties. In many states and counties, reportable conditions include motor vehicle accidents, gunshot and other pervasive injuries, animal bites, falls, apartment fires, workplace accidents, poisonings, overdoses, sexual assaults, suicides, and drownings. Reporting is intended to either prevent future violations, enforce laws to protect the public, or investigate crimes. These reports serve to protect the public and are generally not controversial. Permissive states pose different challenges. While permissive laws can protect therapists from reporting responsibility, it can still lead to liability.
For example, in Almonte v New York College, a psychiatrist practicing in Manhattan and Connecticut settled a lawsuit filed by Denny Almonte, who was serving a prison sentence for his own sexual assault. A jury in federal district court found that the psychiatrist was negligent because he failed to report the pedophile thoughts of his patient Joseph DeMasi, MD (a psychiatrist who undergoes psychoanalysis himself), who then sexually abused Almonte. Almonte claimed that his own subsequent attacks were the result of this lack of report by Dr. DeMasi`s psychiatrist. The defendant in this case, the psychiatrist, settled the lawsuit for an undisclosed amount prior to the criminal phase of the trial. CAPE`s policy on reporting potentially impaired drivers states that reporting the patient`s clinical condition and the risk to the patient and the public of continuing to drive should be individualized. CAPE opposes mandatory reporting of entire categories of patients or diagnoses unless there is convincing evidence of public health benefits for such reporting.22 WADA has a similar policy.23 Mandatory and permissive reporting laws affecting medical providers vary from state to state. Many states have similar laws, but some differ significantly.
Mandatory reporting laws require health professionals and others to report certain conditions to government agencies or even to certain individuals, while permissive laws allow reporting without fear of civil liability, but do not require reporting. In this article, we will compare and contrast these state laws and discuss the ethical and legal differences between mandatory and permissive laws. We will discuss the relevant ethical issues underlying these laws and the controversies associated with them. We will review current relevant guidelines from emergency medicine (EM) organizations. Finally, we suggest that reporting of allegations of sex trafficking be allowed and that practitioners be protected from civil liability if they report suspected cases of trafficking or attempt to appeal in good faith to other parties, including law enforcement and social services, to protect and assist a potential victim. Under SIRS, senior care facilities must implement processes and procedures to prevent, manage and respond to incidents. The control and prevention of infectious diseases has been a major mission for government health authorities since the late nineteenth century. In 1874, the Massachusetts State Board of Health launched a plan for weekly voluntary postcard notification of prevalent diseases.
In 1883, Michigan ordered the notification of certain infectious diseases. By 1901, all states required notification of certain communicable diseases to national or local health authorities. Proponents of mandatory reporting of elder abuse argue that older adults are a vulnerable population that is unable (due to disability) or unwilling (for fear of reprisal or shame) to independently report abuse or neglect. In addition to protecting the index case for their own protection, there is an argument for societal benefit if reporting leads to the exposure of entities or individuals who abuse or neglect others in their care. After the Tarasoff decisions, other states passed “Tarasoff” reporting laws, which are either mandatory or permissive (or non-existent). It is difficult to be precise from different reports,4 5 but ultimately between 27 and 33 states have mandatory laws on the duty to warn, 9 to 11 have permissive laws, and 6 to 13 have no laws.6 At first glance, it is difficult from a moral point of view to understand how what might be considered immoral in one state can be considered moral or ambiguous in others. States.
