Open AccessMandatory and permissive reporting laws: obligations, challenges, moral dilemmas, and opportunities
Author(s) -
Geiderman Joel M.,
Marco Catherine A.
Publication year - 2020
Publication title -
journal of the american college of emergency physicians open
Language(s) - English
Resource type - Journals
ISSN - 2688-1152
DOI - 10.1002/emp2.12011
Subject(s) - permissive , harm , confidentiality , duty , duty of care , autonomy , duty to warn , law , duty to protect , enforcement , liability , political science , business , public relations , medicine , virology
The duty to report certain conditions to public health or law enforcement authorities is one that falls on all physicians and other health care workers as part of their duty to protect the public from harm. In an open society, others, such as teachers, clergy, police officers, or simply neighbors, share the responsibility of protecting individuals at risk, often by reporting them to authorities. The emergency physician and others in the emergency department are uniquely positioned to identify people at risk or who pose a risk, and to report them as required or allowed under the law. In some circumstances, these duties may conflict with ethical duties such as respect for patient autonomy or to protect confidentiality. This article will examine mandatory and permissive reporting laws in various states from an ethical perspective. It will also explore emerging issues such as the reporting of suspected human trafficking.