Ca mandating requirements for dependent adults 1 op 1 chat
The California Mandatory Reporting Law (“MRL”) requires reports of certain types of abuse and injuries. Any health practitioner, including a physical therapist, employed in a clinic, health facility, physician’s office, local or state public health department, or clinic or other facility operated by a public health department must make a report under the MRL.as reportable and includes a list of 24 criminal offenses including murder, manslaughter, torture, battery, sexual battery, incest, rape, spousal rape, abuse of cohabitant, various types of assault including with a deadly weapon, and an attempt to commit any of these crimes. The MRL requires a physical therapist to contact local law enforcement to report the discovered abuse “immediately or as soon as practically possible” by telephone and to provide a written report within two working days. The report shall include the name of the injured person if known, the injured person’s whereabouts, the character and extent of the person’s injuries, and the identity of the person the injured person alleges inflicted the injury. A reporting form developed by the Governor’s Office of Criminal Justice Planning entitled “Suspicious Injury Report” (From OCJP-920) is available on the Internet. who make a suspicious injury report enter into the medical records: 1) any comments by the injured person regarding past domestic violence; 2) a map of the injured person’s body identifying the injuries and bruises; and 3) a copy of the law enforcement reporting form.(Welfare & Institutions Code Section 15610) Who Reports? Officers and employees of financial institutions are mandated reporters of financial abuse. Mandated reporters MUST report actual or suspected physical abuse, abandonment, isolation, financial abuse, or neglect which is observed, evident, or described.Form SOC 341 must be completed and signed by the mandated reporter. Immediately or as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two (2) working days.
But due to the personal nature of the physical therapist-patient relationship, it can be difficult.(Penal Code Section 368) Civil law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or pain or mental suffering to an elder.It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder; any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency; any person who has assumed full or intermittent responsibility for the care or custody of an elder, whether or not he or she receives compensation.Any violation of confidentiality is a misdemeanor punishable by imprisonment, fine, or both. .The EADACP requires a mandated reporter who enters employment after January 1, 1995, to sign a statement acknowledging the obligations of the EADACP. The Department of Social Services has created a form for this, which is available online. If the abuse occurred in a long-term care facility or residential facility serving adults or elders or an adult day program, the provider must report to either local law enforcement or the local long-term care ombudsman. CONCLUSION Physical therapists must consider these mandatory reporting requirements and their obligations under these different statutory schemes in their day-to-day practice.