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At least 19 recordsLinked to original sources

Mandatory reporting of domestic violence injuries to the police: what do emergency department patients think?

CONTEXT: Laws requiring mandatory reporting of domestic violence to police exist in 4 states. Controversy exists about the risks and benefits of such laws. OBJECTIVE: To examine attitudes of female emergency department patients toward mandatory reporting of domestic violence injuries to police and how these attitudes may differ by abuse status. DESIGN, SETTING, AND PARTICIPANTS: Cross-sectional survey conducted in 1996 of 1218 women patients (72.8% response rate) in 12 emergency departments in California (a state with a mandatory reporting law) and Pennsylvania (without such a law). MAIN OUTCOME MEASURES: Opposition to mandatory reporting to police and the characteristics associated with this belief. RESULTS: Twelve percent of respondents (n = 140) reported physical or sexual abuse within the past year by a current or former partner. Of abused women, 55.7% supported mandatory reporting and 44.3% opposed mandatory reporting (7.9% preferred that physicians never report abuse to police and 36.4% preferred physicians report only with patient consent). Among nonabused women, 70.7% (n = 728) supported mandatory reporting and 29.3% opposed mandatory reporting. Patients currently seeing/living with partners (odds ratio [OR], 1.5; 95% confidence interval [CI], 1.1-2.0), non-English speakers (OR, 2.1; 95% CI, 1.4-3.0), and those who had experienced physical or sexual abuse within the last year (OR, 2.2; 95% CI, 1.6-2.9) had higher odds of opposing mandatory reporting of domestic violence injuries. There were no differences in attitudes by location (California vs Pennsylvania). CONCLUSIONS: The efficacy of mandatory reporting of domestic violence to police should be further assessed, and policymakers should consider options that include consent of patients before wider implementation.

Adult↗

Mandatory reporting of HIV infection and opt-out prenatal screening for HIV infection: effect on testing rates.

BACKGROUND: Mandatory reporting of HIV infection to public health authorities, although now common, may deter people from undergoing testing. We examined HIV testing frequency in Alberta before and after mandatory reporting was implemented. We also examined the effect on testing rates among pregnant women when Alberta adopted an opt-out approach to prenatal HIV screening. METHODS: Using data from the Provincial Laboratory for Public Health, we determined the number of HIV tests done between Jan. 1, 1993, and Dec. 31, 2000, for males and females in Alberta. We used data from the Canadian Blood Services laboratories to obtain the number of tests conducted as part of the opt-out prenatal HIV testing program. Reporting of HIV infection became mandatory on May 1, 1998, and opt-out prenatal HIV testing was introduced on Sept. 1, 1998. RESULTS: Among males, the average annual percent increase in the number of HIV tests was 4.0% for the period before mandatory testing, as compared with 4.3% for the period after mandatory reporting was implemented; the difference in yearly trend was significant (p < 0.001). Among females, the average annual percent increase in the number of HIV tests was 9.2% for the period before mandatory reporting. In the month immediately following the adoption of opt-out prenatal HIV testing, the rate increased by 28%. Between 1999 and 2000, the average annual percent increase in the number of HIV tests among females was 1.4%. INTERPRETATION: The introduction of mandatory reporting of HIV infection did not appear to have a deterrent effect on rates of HIV testing. The implementation of an opt-out prenatal HIV testing policy resulted in a dramatic increase in the number of females being tested for HIV infection.

AIDS Serodiagnosis↗

General practitioner attitudes toward mandatory reporting of doctor-patient sexual abuse.

AIM: To explore general practitioner attitudes toward mandatory reporting of doctor-patient sexual abuse. METHODS: Anonymous questionnaire mailed to a randomised sample of 217 New Zealand general practitioners. Attitudes toward mandatory reporting of doctor-patient sexual contact, seductive or sexually demeaning behaviour were appraised including an indication of whom the perceived appropriate reporting body should be. RESULTS: Forty-seven per cent of respondents supported the notion of mandatory reporting for doctor-patient sexual contact, 42% for sexually demeaning behaviour and 35% for seductive verbal behaviour. These respondents indicated that the most appropriate body to report to was a Doctor's Health Advisory Service. CONCLUSION: There was a lack of strong consensus on mandatory reporting of doctor-patient sexual abuse.

Adult↗

Mandatory reporting of intimate partner violence: safety or retaliatory abuse for women?

We wished to ascertain abused women's perspectives on mandatory reporting of intimate partner violence. A consecutive sample of 161 abused women accessing the criminal justice system were asked six questions. Most women (81%) thought there should be a law making the nurse or doctor report the abuse, with less than half of the women (45%) reporting they would have been at greater risk for abuse following a mandatory report. Although these 161 abused women support mandatory reporting of partner abuse, it remains unclear if such a law would deter further abuse. Outcome and evaluation studies of mandatory reporting laws are urgently needed.

Adult↗

Mandatory reporting of child abuse: is it in the best interest of the child?

OBJECTIVE: To set out correctly the law on mandatory reporting of child abuse in each Australian jurisdiction and New Zealand; to argue that all patients should be forewarned of the limits of confidentiality in respect of this; and to discuss the question of whether mandatory reporting is in the best interests of the child. METHOD: Discussion of statutes mandating reporting of child abuse, duty of confidentiality, the experience of mandatory reporting and failure to comply, forewarning of limits of confidentiality, arguments for and against mandatory reporting, and alternatives. RESULTS: Not all mental health providers comply with the law, for reasons both altruistic and non-altruistic. Although ethical codes for Australian mental health providers do not require forewarning, ethical practice would seem to do so. CONCLUSIONS: Mandatory reporting statutes now in force are not necessarily in the best interests of the child. An important clinical implication of the law is that considerations should be given to forewarning patients.

Australia↗

Women's opinions about domestic violence screening and mandatory reporting.

BACKGROUND: The purpose of this paper is to describe women's opinions and policy preferences concerning domestic violence screening and mandatory reporting. METHODS: This case-control study included 202 abused women and 240 randomly selected non-abused women recruited from a large metropolitan health maintenance organization who were interviewed by telephone. Of these women, 46.6% had a college degree, 53.4% were white, and 60% had a household income of $50,000 or more. RESULTS: Forty-eight percent of the sample agreed that health care providers should routinely screen all women, with abused women 1.5 times more likely than non-abused women to support this policy. For mandatory reporting, 48% preferred that it be the woman's decision to report abuse to the police. Women thought it would be easier for abused women to get help with routine screening (86%) and mandatory reporting (73%), although concerns were raised about increased risk of abuse with both screening (43%) and reporting (52%) policies. Two thirds of the sample thought women would be less likely to tell their health care providers about abuse under a mandatory reporting policy. Interventions offered in managed care settings that would be well received, according to the women in this study, include counseling services, shelters, and confidential hotlines. CONCLUSIONS: Women expressed fears and concerns about negative consequences of routine screening and, even more so, for mandatory reporting. Domestic violence policies and protocols need to address the safety, autonomy, and confidentiality issues that concern women.

Adult↗

Abused patient's attitudes about mandatory reporting of intimate partner abuse injuries to police.

OBJECTIVES: This study examines abused women's preferences regarding medical clinician reporting of intimate partner abuse injuries to police. It also examines the influence of specific demographic factors on abused women's reporting preferences. METHODS: Telephone interviews were conducted with a random sample of women patients attending one of three public primary care clinics associated with the San Francisco Community Health Network. Participants reporting a history of abuse were asked to identify their preferences regarding the reporting of abuse by medical clinicians to police. RESULTS: Of the 358 abused women interviewed in this study, the majority of them (n = 243, 68%) did not prefer a domestic violence injury reporting system that was mandatory even if against patient wishes. However, almost all women (n = 329, 92%) favored some form of police reporting by medical clinicians. Women who had been abused within the past year were more likely to oppose mandatory reporting than women who had been abused more than one year ago. Younger women were more likely than older women to oppose mandatory reporting requirements, and women whose primary language was English were more likely to oppose mandatory reporting requirements than women whose primary language was Spanish. Current abuse was independently predictive of decreased likelihood to select mandatory reporting in all situations. There were no significant differences in reporting preferences by ethnicity, marital status, education, employment, or the presence of children at home. CONCLUSIONS: Despite broad support among abused women for medical clinician reporting of intimate partner abuse injuries to police, most women do not support mandatory reporting requirements that do not allow for consideration of the abused patients' wishes. More research is needed to ascertain whether the benefits of mandatory reporting outweigh the risks to those intended to benefit from the law.

Adolescent↗

Mandatory reporting of "imminent" death to identify organ donors: history, controversy, and potential solutions.

PURPOSE: To review the history of mandatory reporting for the purpose of identifying potential organ and tissue donors, and the controversy around the terms, "imminent" or "impending" death, and to suggest a solution to this controversy. SOURCE: In this narrative review, published papers were retrieved based on a Medline search using the terms, "mandatory reporting" and "organ donation." In addition, unpublished data from the United Network for Organ Sharing and the Pennsylvania Gift of Life Program were reviewed. PRINCIPAL FINDINGS: There has been no demonstrable effect of mandatory reporting of "imminent" death independent of educational activities on numbers of organ donors or organs transplanted. Furthermore, mandatory reporting of "imminent" death does not meet criteria of an acceptable screening test. CONCLUSION: Education of health care providers about eligibility for organ and tissue donation and about whom to report as a potential donor will hopefully lead to identification of more individuals who meet criteria for organ donation and who will go on to donate organs to the many potential recipients.

Death↗

Mandatory reporting: legal and ethical issues.

What legal and ethical dilemmas do nurse executives face when laws and practice acts require mandatory reporting of incompetent behavior? The authors discuss the ramifications of mandatory reporting including barriers to intraprofessional reporting and suggested guidelines for responsible reporting of incompetent practice. Also included are suggestions for creating an environment which will foster openness and discussion of critical legal and ethical dilemmas resulting from mandatory reporting obligations.

Clinical Competence↗

Attitudes of hospital medical practitioners to the mandatory reporting of professional misconduct.

BACKGROUND: New legislation now requires doctors to report unfit colleagues to the Medical Council of New Zealand. However, little research has examined the attitudes and willingness of doctors to report errant colleagues. AIM: To examine the attitudes of a range of hospital-based medical practitioners towards the mandatory reporting of colleagues. METHODS: House staff, registrars, and consultants at two major tertiary teaching hospitals in New Zealand were surveyed using a written questionnaire. Doctors were asked to state their level of agreement with a series of statements and to make responses to three hypothetical scenarios: an alcohol impaired practitioner; a senior colleague with recent behavioural change; and a surgeon expressing racist views. RESULTS: Responses were received from 52% of medical staff at the two hospitals. Respondents were consultants (52%), registrars (39%), and house staff (9%). Most (98%) respondents agreed that all doctors make clinical errors and there was a need for open discussion about error. The majority (80%) also accepted that doctors were responsible for the actions of colleagues and agreed that they would act if a colleague was failing to achieve professional standards. Only 45% agreed with the mandatory reporting of error. The responses to three scenarios illustrate some variability in how different groups of doctors would address the behaviour of an errant colleague. CONCLUSIONS: Although most hospital doctors accept they should act if a colleague is falling below professional standards, there is only limited support for mandatory reporting; instead, doctors may prefer to consult senior colleagues about an errant colleague or sometimes counsel the practitioner themselves.

Attitude of Health Personnel↗

Mandatory reporting of intimate partner violence to police: views of physicians in California.

OBJECTIVES: This study examined physicians' perspectives on mandatory reporting of intimate partner violence to police. METHODS: We surveyed a stratified random sample of California physicians practicing emergency, family, and internal medicine and obstetrics/gynecology. RESULTS: An estimated 59% of California primary care and emergency physicians (n = 508, 71% response rate) reported that they might not comply with the reporting law if a patient objects. Primary care physicians reported lower compliance. Most physicians agreed that the legislation has potential risks, raises ethical concerns, and may provide benefits. CONCLUSIONS: Physicians' stated noncompliance and perceived negative consequences raise the possibility that California's mandatory reporting law is problematic and ineffective.

Adult↗

Mandatory reporting of domestic violence: the law, friend or foe?

Should physicians be mandated to report domestic violence involving a competent adult patient regardless of whether or not he or she consents to the report? This is a complex ethical and moral issue; in some states such as California, Colorado, Kentucky, New Hampshire, Rhode Island and New Mexico it has become a legal one as well. The Federal health privacy regulation instituted in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) addresses issues of privacy protection for survivors of domestic violence, but it does not preempt those state laws that are less (or more) protective of patient privacy. In the above states, physicians and/or health care providers are mandated to report acts of domestic violence to an agency, under their own circumstances, regardless of whether the physician or health care worker believes that reporting the violence is in the patient's best interest or not. But is mandatory reporting truly "good" or "bad" for the patient, the physician or society as a whole? This article explores the laws and the evidence (including evidence-based research) surrounding the issue of mandatory reporting of domestic violence when it pertains to a competent adult.

Adult↗

Issues presented by mandatory reporting requirements to researchers of child abuse and neglect.

Mandatory reporting laws, which vary slightly from state to state, require reporting by helping professionals when there is reasonable cause to suspect child abuse. Institutional Review Boards (IRBs) require researchers to warn subjects of this duty to report, which may have a chilling effect on subject rapport and candor. Certificates of confidentiality, in conjunction with other precautions, may reduce some barriers to valid research. Attempts to resolve problems created by reporting laws must produce the most valid research, while minimizing harm and distress to research participants, their families, and the researcher and meeting local and federal legal requirements.

Adult↗

Mandatory reporting of elder abuse: between a rock and a hard place.

PURPOSE: Despite mandated reporting laws that require physicians to report elder abuse, physicians have low rates of reporting. The purpose of this study was to identify physician's perspectives on mandated reporting of elder abuse. METHODS: Individual, semistructured interviews were conducted with 20 primary care physicians practicing in a variety of settings and caring for a diverse patient population in the Los Angeles area. Interviewers collected information on physicians' perspectives about factors that may influence physicians' likelihood to report elder abuse. The interviews were recorded and transcribed verbatim. Transcripts were analyzed using a grounded theory approach based on the constant comparative method and the emergence of the core category of paradox to best account for the most problematic elder abuse situations faced by physicians. RESULTS: During the interviews 3 paradoxes were expressed by physicians about the mandatory reporting of elder abuse. Specifically, mandatory reporting was related to both perceptions of increases and decreases in physician-patient rapport, patient quality of life, and physician control or ability to decide what is in the best interest of the patient. These paradoxes appear to be primarily hidden or unconscious, yet they influence the conscious decision process of whether to report. CONCLUSIONS: Primary care physicians appear to be subject to paradoxes of reporting that contribute to the underreporting of elder abuse. These paradoxes and alternative modes of managing paradoxes are important and should be addressed in educational and training programs for physicians, and systematic evaluation of these issues may help to inform future legislation in this area. Further studies are needed to assess the generalizability of these findings to other groups of clinicians.

Adult↗

Dilemmas in mandatory reporting of domestic violence: carative ethics in emergency rooms.

Laws are clear when it comes to reporting child abuse, elder abuse, or maltreatment of the disabeled; however, the fuzzy area of domestic violence, or injury to women by their husbands or intimates, puzzles the system ethically and legally. Experts are divided on the issue of mandatory reporting of domestic violence by health care professionals. As exemplified by the Florida law, the crux of the problem may be twofold. First, the law requires reporting of certain incidents that are ambiguously defined. Second, reporting may be mandatory without the patient's consent. Many experts in the field of domestic violence suggest that mandated reporting by health care workers is not in the best interests of the victims; it may lead to more violence and increase the victim's reluctance to get needed health care. This victim vulnerability creates ethical dilemmas in the emergency department, often the first outside contact after a violent incident. This paper examines the implications of reporting applied to emergency practice in the context of basic ethical standards. The application of mandatory reporting laws to competent adult victims presents questions related to nonmaleficence, beneficence, autonomy, confidentiality, and a variety of contextual issues that arise from these main ethical domains.

Adult↗