Mandatory Reporting

PEARSON (pages 169-171) ?Mandatory reporting refers to a legal requirement to report an act, event, or situation that is designated by state or local law as a reportable event ? all states mandate the reporting of certain vital statistics such as births and deaths ? many states require reporting of abortions and neonatal deaths ? federal and states laws mandate the reporting of communicable disease, including venereal diseases ? http://library. ahima. org/xpedio/groups/public/documents/ahima/bok1_023186. hcsp? dDocName=bok1_023186 ?Abuse or neglect of minors and older adults abuse or suspected abuse of vulnerable individuals is mandated to be reported in most states ? nurse reports the required information through the administrative chain of the institution, beginning with the nurses immediate supervisor and the PCP ? all reported information is documented in the client record ? most states only require a good faith suspicion, based on information disclosed by the client and/ or physical symptoms manifested by the client, that a use has occurred ? the nurse is not required to conduct any type of investigation or otherwise confirm that abuse or neglect has, in fact occurred ?Good Faith Immunity in all states, health care workers are protected when they report suspected child abuse in good faith, even if the subsequent investigation does not make a determination of abuse ?Guidelines Regarding Disclosure of Health Information ?know federal and state laws concerning duty to report ?report the required information to the appropriate governmental agency promptly ? comply with reporting laws in good faith ?follow agency policy carefully when making a report ?avoid a breach of confidentially, and report only the information mandated. Good faith immunity only applies to required information reported to the appropriate agency or office Mandatory Reporting of Nurses in Violation of the NPA ?NC General Statutes mandate that any person who has responsible cause to suspect that a nurse is in violation of the NPA has the duty to report the relevant facts to the Board of Nursing (BON) ? The reporting forms available online ?NPA spells out any formal action the board may take, and it usually requires clear convincing evidence ? Many complaints are resolved through informal processes; in other instances, a formal administrative hearing is held ? Nurse has a right to due process ?Nurse is informed of any allegations regarding his or her practice ?

Nurse has the opportunity to respond to and defend against these allegations ? The matter is heard by a fair and impartial body ?An immunity clause protects individuals who make a report unless the reporting person knew the report was false or acted with reckless disregard, without concern for the validity of the allegations made in the report ? Nurses have a legal obligation to report conduct that is incompetent, unethical, and illegal ? This includes reporting violence, abuse or neglect towards clients by other nurses and extends to reporting conduct involving third parties, including family members and other healthcare providers Mandatory Reporting of Certain Injuries and Illnesses ?Mandatory reporting of infectious conditions is a cornerstone of maintaining public health ? Since 1878, the US Public Health System has been collecting information on infectious conditions for the purpose of early identification and control of massive outbreaks, including, when necessary, instituting quarantines ? High profile diseases and threats of bioterrorism have brought renewed attention to this system of ongoing monitoring ?

Data are reported at the county level, with PCPs reporting these diseases and conditions to local health departments ? Each county health department reports to the state’s Department of Health, where data are managed and maintained ? Data on many diseases and conditions are provided from the state level to the CDC, which publish the Morbidity and Mortality Weekly Report. ?Although the law targets physician reporting, nurses need to be aware of the policies and procedures for reporting within their place of employment, especially those who are employed directly by their local health department ?

For those diseases and conditions that are required to be reported within 24 hours, the initial report shall be made by telephone to the health department, with the written report being made within 7 days ? Each state has laws that require healthcare providers and hospitals to report certain types of injuries and illnesses ? Bullet wounds, gunshot wounds, powder burns, or any other injuries arising or suspected of arising from the discharge of a gun or firearm ? Illnesses that appear to be caused by poisoning Injuries caused by, or appearing to be caused by, a knife or other sharp or pointed instrument if the physician or surgeon treating the individual suspects a criminal act may have been involved ? Any wound, injury or illness resulting in bodily harm as a result of a suspected criminal act or act of violence ? Infectious diseases, such as tuberculosis, HIV/AIDS, and Escherichia coli ? The Centers for Disease Control and Prevention have identified more than 50 infectious disease in the US that must be reported. These include the following: ? Anthrax ?Botulism ?Cholera ?Diphtheria ?Hepatitis ?HIV infection Influenza-associated pediatric mortality ?Meningoccal disease ?Shigellosis ?Syphilis ?The PCP or hospital staff member making the report should provide client’s ? Name ?Age ?Sex ?Race ?Residence or present location ?Nature and extent of injury or illness ?Due to the presenting circumstances, the ED typically reports injuries due to violence ? Diagnosis of infectious disease may occur at any point in the health care interaction ? The nurse needs to be familiar with the agency policy for reporting infectious diseases and ensure that the report is made ? http://www. cdc. gov/nhsn/pdfs/FAQMandatoryReporting. pdf ?http://www. cdc. ov/mmwr/preview/mmwrhtml/00001665. htm ?http://udini. proquest. com/view/an-evaluation-of-mandatory-goid:612742223/ ? http://wwwn. cdc. gov/nndss/script/DataCollection. aspx ?Other Examples of Mandatory Reporting ?In most states, child care workers, teachers, and other school personnel are mandated to report any suspicions of child abuse or neglect that involve children and families with whom they work ? School principals and other administrators typically are required to report to law enforcement when they have knowledge that a crime has been committed on school property; crimes that must be reported include the following: ?

Assault (especially assault with a weapon or assault resulting in serious injury) ? Sexual assault ?Rape ?Kidnapping ?Indecent liberties with a minor ?Possession of a firearm on school property or in violation of the law ? Photo processors or computer technicians who, within the scope of their employment, come across images of a minor (or one who reasonably appears to be a minor) engaging in sexual activity typically are required to make a report to local law enforcement