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Do You Have A Duty To Report ?


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I am liberal ? I thought I was quite the conservative, silly me. I would think it would be hippy liberals who all about having sex with minors, and excusing the behavior. Most liberals are closet child molesters, most conservatives are closet homos, glad I am independant.

Edited by crotchitymedic1986
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I am liberal ? I thought I was quite the conservative, silly me. I would think it would be hippy liberals who all about having sex with minors, and excusing the behavior. Most liberals are closet child molesters, most conservatives are closet homos, glad I am independant.

Does independant mean alone because that is the only I can understand out of your garble

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I've been thumbing through my job description, wondering where the section is that I became a public safety person in. The last time I looked at the patch on my sleeve is said Paramedic, not Police or Officer or Detective or Investigator. But I digress. :/

I don't come to work everyday thinking that my job is to enforce the laws of the city, county and state. Mandated reporting pertains to child abuse and neglect and elder abuse. It isnt my job to blow someone in to the local PD while they are having a "crisis", that MIGHT have been caused by ilicit drugs. I would be concerned about leaving the drugs in plain sight if there might be a child present, in that case I would ask the patient to please put it away. I'm there to take care of the patient. Period.

In the case of the 2 minors having sex. Again I'm not going to "tell mommy and daddy". Teenagers are tricky to put it mildly. It takes alot to get them to open up to you and trust you enough to tell you whats going on. If their parents arent around, I am their biggest advocate. I might not agree with the kids having sex but it's my job to make sure they are ok and unhurt before I would consider signing them off. And I would talk to BOTH of them and to do that you have to have a repoir built with 1 of them to get them to talk. I'm not condoning teenage sex but they are going to experiment. It's part of growing up and you aren't going to stop them.

So my answer to the OP's questions: #1 no #2 it depends

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... It isnt my job to blow someone in to the local PD while they are having a "crisis"...

Well, there goes my last fantasy of being a cop!

... that MIGHT have been caused by ilicit drugs. I would be concerned about leaving the drugs in plain sight if there might be a child present, in that case I would ask the patient to please put it away. I'm there to take care of the patient. Period.

You are my hero..though I know that you meant "my patient, and any other potential patients." I've not ignored your previous posts... :-)

...In the case of the 2 minors having sex. Again I'm not going to "tell mommy and daddy". Teenagers are tricky to put it mildly. It takes alot to get them to open up to you and trust you enough to tell you whats going on. If their parents arent around, I am their biggest advocate. I might not agree with the kids having sex but it's my job to make sure they are ok and unhurt before I would consider signing them off. And I would talk to BOTH of them and to do that you have to have a repoir built with 1 of them to get them to talk. I'm not condoning teenage sex but they are going to experiment. It's part of growing up and you aren't going to stop them.

I can't imagine what would make that a better answer...is there, like, an "Add 100" button here?

I really, really wish that this was one of my posts...

Dwayne

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  • 4 weeks later...
Adults fuck kids?...it's kind of a big deal. The adult needs to be raped because the Oprah crowd is going to convince the kid that S/he can't be healthy unless someone loses their literal or figurative life for it. But unfortunately it's Oprah that cause the majority of the damage, not the 'toucher'.

Beautiful. It's always easy to tell which parties in a discussion have formally studied psychology.

The so-called "child advocates" do many more times the psychological damage to children than the criminals do in this country.

And no, there is no crime to report. At best it is "delinquent behaviour" unless one of them are court certified as an adult.

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  • 4 weeks later...

Interesting thread...I just took the opportunity and stuck my nose in the books. In Germany it's as following:

If you know for a fact that a crime has been committed, do you have to report it to the police in your state ? If you do not report it, could your license/certification be pulled ? Could you be held legally liable in a lawsuit if you do not report it ?

Three questions, three simple answers: No. No. No. As clearly given by national law, for a german medical professional the patient's will is (mostly) all what counts and I may not tell something to others the patient doesn't want me to. If I would report against patient's will, I would be liable to prosecution and it would be even questionable if the information given could be used in a court. In court, I even would have the right & duty to refuse to give evidence. Exceptions:

  • I may, if the patient allows me to do.
  • I may and depending on the situation I even have to, if it's in his/her "obvious" interest, if usual (i.e. letting know the relatives which hospital we transport to) or if the patient can't clearly declare his will (due to unconciousness, minor age, dementia, alcohol intoxication or such). I'd have to be very careful here!
  • I may, if it's in my interest (i.e. beeing target of a lawsuit involving the case).
  • I have to report a "major crime" (well defined by law, such as murder or rape), but only if it's still ongoing or I have reports that it is planned for the future and my report could still prevent the crime from happening.
  • Physicians have to report distinct infectious deseases (specified by law). This doesn't apply to prehospital care, since this usually involves laboratory diagnosis.

This answers your scenarios as following:

1. [...]In your state, the age of consent is some age above 16, which she is not, so a crime has been committed.[...]

The girl seems aware of her situation (at least she contacted the camp nurse and/or called EMS) so it's no need to assume I have to protect her from herself. If there is a crime, it's already done. I must not give information to anyone, law enforcement or even the parents, if the patient doesn't allow me.

(By the way, the minimum age of consent is 14 over here.)

2. You have an adult male who develops chest pain after using cocaine, you see the cocaine in his home. Do you have an obligation to let the police know that illegal drugs are in this home ?

No. The drug use was done, there is no immediate danger for others. I even would be liable, if I report this to law enforcement.

A regular occuring case (to me twice last week) is a police officer asking, if the victim is drunk. Most police officers understand it, when I say "go, smell yourself". But last week, one got real angry at me as I said, that I'm not allowed to tell him (it was clearly against patient's obvious will). I then just pointed to his alcotest equipment - I can't measure alcohol as good as he can, so he has to check it anyway. No need to ask me...(result: blood alcohol level of 2.4 g/kg, despite that the patient was alert, fully oriented/responsive and on his feet without any problem).

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  • 2 weeks later...

If you know for a fact that a crime has been committed, do you have to report it to the police in your state ? If you do not report it, could your license/certification be pulled ? Could you be held legally liable in a lawsuit if you do not report it ? Here are some scenarios:

1. You respond to band camp, to a 15 year old female who recently had sex with a boy of the same age. It was consensual sex, but something went wrong during or afterwards that scared her and made her report to the camp nurse (no reason to get graphic or perverted here, you pick your own reason). In your state, the age of consent is some age above 16, which she is not, so a crime has been committed. The camp nurse signs your refusal paperwork and you go back in service. Do you have an obligation to report this crime to the officials ? Do you have an obligation to notify the parents ?

2. You have an adult male who develops chest pain after using cocaine, you see the cocaine in his home. Do you have an obligation to let the police know that illegal drugs are in this home ?

1. Sex was consented; they're both minors. Define wrong. The camp nurse can not sign the RMA; not the legal guardian. The camp senior staff needs to be present with the Police. Parents must be notified. EMS must assist in this process, a EMS Supervisor should be dispatched and Medical Control consulted. It's a minor, so the assessment: subjective or objective must be delayed unless there's life threat(s).

2. Police must be alerted to the finding. Our involvement will be letting the cops know but not in a way which a jeopardize care. EMS must remain non-judgmental and his Chest Pain is the purpose of us being there. The cocaine is relevant in our treatment modalities but since it is an unlawful substance; the Police must be involved.

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