| child
abuse, neglect, abandonment (Florida)
Any person who
knows or has reasonable cause to suspect child abuse, abandonment
or neglect by a person responsible for a child's welfare is
required to report that information to the state's toll-free
hotline, an appropriate law enforcement agency or (in the
case of a child's death) medical examiner. (FL Stat 39.201)
Health professionals
are among those specifically enumerated as required reporters
under this law. When reporting, such persons are required
to provide their names. (Others may report anonymously.) Any
report by a physician is considered valid and accepted for
investigation.
Note that there
is an exception in the reporting provisions for health care
professionals or other persons who provide medical or counseling
services to pregnant children, when such reporting would interfere
with the provision of medical services.
State law also
provides for: the confidentiality of such reports (39.202);
immunity from liability for good-faith reporting, and a civil
cause of action for anyone whose employment is adversely affected
by that reporting (39.203); abrogation of privileged communications,
except between attorney and client (39.204); civil, criminal
misdemeanor and, in some circumstances, felony penalties for
non-reporting or false reporting (39.205,206).
Investigators of
suspected child abuse, abandonment or neglect, such as those
working for the state Department of Children and Families
(DCF) may refer a child for diagnosis to a licensed physician
or an emergency department in a hospital without the consent
of the child's parents or legal custodian. (39.304)
Any licensed physician,
or advanced registered nurse practitioner who has reasonable
cause to suspect that an injury was the result of child abuse,
abandonment, or neglect may authorize a radiological or other
examination to be performed on the child without the consent
of the child's parent or legal custodian. (39.304)
Health facilities
must provide to state investigative agencies (such as DCF)
copies of any photographs, x-rays or examination reports in
these circumstances (39.304).
Every licensed
health care facility must incorporate into its policies a
duty to report actual or suspected case of child abuse, abandonment
or neglect, and must also include provisions (if a hospital)
to appoint a staff physician to act as liaison to any investigative
team. A copy of the policy must be submitted to the State.
(395.1023)
The preceeding
are not preempted by HIPAA.
See also:
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