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Confidentiality
Inappropriate disclosure of health information may violate
patient/provider confidentiality, including the federal Healthcare
Insurance Portability Act (HIPAA). As important, the inappropriate
disclosure of suspected IPV/DV can threaten patient safety.
Perpetrators who discover that a victim has sought care may
retaliate with further violence. Employers, insurers, law
enforcement agencies, and community members who discover abuse
may discriminate against a victim or alert the perpetrator.
It is imperative that policy, protocol, and practice surrounding
the use and disclosure of health information regarding victims
of IPV/DV should respect patient confidentiality and autonomy
and serve to improve the safety and health status of victims
of IPV/DV.
Reporting Laws in Florida
Florida mandates that reports are made for
the treatment of gunshot wounds. Florida statute requires
that physicians, nurses and employees or hospitals, clinics,
nursing homes and sanitariums must report treating any person
sustaining a gunshot wound, or life-threatening injury indicating
an act of violence, or receiving a request for such treatment.
Reports are to be made to the sheriff's department or the
police department. Failing to report is a 1st degree misdemeanor
and is punishable by up to a $1,000 fine and up to one year
in prison.
Florida law also mandates the reporting of
child abuse or neglect and elder abuse or abuse of the disabled.
Documentation
Documentation is critical, both for the protection
of the patient and of the healthcare provider. Document relevant
history, including:
- Chief complaint or history of present illness.
- Record details of the abuse and its relationship to the
presenting problem.
- Document any concurrent medical problems that may be
related to the abuse.
- For current IPVDV victims, document a summary of past
and current abuse including:
- Social history, including relationship to abuser
and abusers name if possible;
- Patient's statement about what happened, not what
lead up to the abuse (e.g." boyfriend John Smith hit
me in the face" not "patient arguing over money");
- Include the date, time, and location of incidents
where possible;
- Patients appearance and demeanor (e.g. "tearful,
shirt ripped" not "distraught");
- Any objects or weapons used in an assault (e.g. knife,
iron, closed or open fist);
- Patients accounts of any threats made or other psychological
abuse;
- Names or descriptions of any witnesses to the abuse.
Document results of physical examination:
- Findings related to IPV/DV, neurological, gynecological,
mental status exam if indicated; " If there are injuries,
(present or past) describe type, color, texture, size, and
location;
- Use a body map and/or photographs to supplement written
description;
- Obtain a consent form prior to photographing patient.
Include a label and date.
Document laboratory and other diagnostic
procedures:
- Record the results of any lab tests, x-rays, or other
diagnostic procedures and their relationship to the current
or past abuse Document results of assessment, intervention
and referral:
- Record information pertaining to the patient's health
and safety assessment including your assessment of potential
for serious harm, suicide and health impact of IPV/DV; "
Document referrals made and options discussed;
- Document follow-up arrangements.
If patient does not disclose IPV/DV victimization:
- Document that assessment was conducted and that the patient
did not disclose abuse;
- If you suspect abuse, document your reasons for concerns:
i.e. "physical findings are not congruent with history or
description," "patient presents with indications of abuse".
Follow-up
At least one follow-up appointment (or referral) with a healthcare
provider, social worker or IPV/DV advocate should be offered
after disclosure of current or past abuse:
- "If you like, we can set up a follow-up appointment (or
referral) to discuss this further";
- "Is there a number or address that is safe to use to
contact you?";
- "Are there days/hours when we can reach you alone?";
- "Is it safe for us to make an appointment reminder call?".
At every follow up visit with patients currently in abusive
relationships:
- Review the medical record and ask about current and past
episodes of IPV/DV;
- Communicate concern and assess both safety and coping
or survival strategies:
- "I am still concerned for your health and safety"
- "Have you sought counseling, a support group or other
assistance?"
- "Has there been any escalation in the severity or
frequency of the abuse?"
- "Have you developed or used a safety plan?"
- "Told any family or friends about the abuse?"
- "Have you talked with your children about the abuse
and what to do to stay safe?"
- Reiterate options to the patient (individual safety planning,
talking with friends or family, advocacy services and support
groups, transitional/temporary housing, etc.).
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