When the Court Interprets Legislative Intent: Mandatory Reporting of Child Abuse

In 2009, a nurse was arrested and charged with endangering the welfare of a child in violation of state law because the nurse did not report suspected sexual abuse of children. After an investigation and hearing, the board of nursing (BON) found the nurse guilty of unprofessional conduct and suspend...

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Bibliographic Details
Published in:Journal of nursing regulation 2015-04, Vol.6 (1), p.39-42
Main Authors: Russell, Kathleen A., Wade, Amigo R.
Format: Article
Language:English
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Summary:In 2009, a nurse was arrested and charged with endangering the welfare of a child in violation of state law because the nurse did not report suspected sexual abuse of children. After an investigation and hearing, the board of nursing (BON) found the nurse guilty of unprofessional conduct and suspended her license for 2 years. On appeal, the superior court reversed the BON's decision because the suspected abuse was outside of the nurse's employment. This article reviews the legal and ethical basis for the BON's decision, the legal basis for the court's reversal, and the implications for BONs. To maintain the confidentiality of the children involved, this article does not reveal the identities of the nurse or state.
ISSN:2155-8256
2155-8264
DOI:10.1016/S2155-8256(15)30008-9