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Montagno and Florida Abuse Law
Florida statutes require nurses to report the abuse
of a child, elderly person, or vulnerable adult that they are aware
of or have reasonable cause to suspect.(1)
Elder abuse is defined as any willful or threatened
act by a caregiver that causes or is likely to cause significant
impairment to a vulnerable adult's physical, mental, or emotional
health.(2)
Vulnerable adult may include anyone "18 years of
age or older whose ability to perform the normal activities of daily
living or to provide for his or her own care or protection is
impaired due to mental, emotional, long-term physical, or
developmental disability or dysfunctioning, or brain damage, or the
infirmities of age."(3)
Abuse includes both purposeful acts and omissions of
things that should be done, but are not done.
A health care provider is a reporter, not an
investigator. Failure to make a report may result in criminal
charges and licensure complaints.(4)
Florida statutes also provide protection to persons
reporting suspected abuse when the reports are made in good
faith.(5) Legislative intent of this is to allow people to
make good faith reports of their reasonable suspicions of abuse
without fear of potential liability.
Florida statutes regarding abuse of elderly persons
and disabled adults include health care professionals in the
definition of caregivers.(6)
Care and treatment by health care professionals can
constitute reportable abuse.
According to the National Center on Elder Abuse,
actions such as "inappropriate use of drugs and physical
restraints, caregiver's refusal to allow visitors to see an elder
alone, untreated bed sores, and poor personal hygiene, unattended or
untreated health problems, no heat, inadequate clothing, substandard
care being provided, are examples of physical abuse."(7)
Florida statutes provides for criminal prosecution of
any child abuse or abuse of elderly persons or vulnerable adults.
Such abuse may result in a felony, punishable by a sentence of
between five years and life imprisonment.(8)
Abuse may also result in civil lawsuits and
disciplinary actions against health care professionals.
Nurses in Florida have legal obligations relating to
reporting the abuse of children, the elderly, and vulnerable adults.
Nurses must provide care that is not abusive.
1) 39.201 and 415.1034, Fla. Stat.
2) 415.102(1), Fla. Stat.
3) 415.102(26), Fla. Stat.
4) 39.205 and 415.111, Fla. Stat. regarding failure
to report; section 464.018, Fla. Stat. regarding disciplinary
actions
5) 39.203 and 415.1036, Fla. Stat.
6) 825.101(2), Fla. Stat.
7( National Center on Elder Abuse, http://www.elderabusecenter.org
8) 825.102 and 827.03, Fla. Stat
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