Nurses also have a clear legal obligation to report abuse or neglect to the appropriate authorities. Failing to do so can lead to serious criminal penalties. In 1998, the California Legislature responded to the increase in elder and dependent adult abuse by enacting a law expanding the types of abuse that must be reported by healthcare professionals and establishing a statewide program to maintain the safety of elder and dependent adults. The new law also defines the categories. For example, physical abuse includes using physical or chemical restraints for punishment or any other purpose not authorized by the patient s physician, or for a longer period than authorized.
Isolation includes preventing the victim from receiving visitors, phone calls, or mail.
Neglect encompasses situations in which elder or dependent adults are not able to take care of themselves and are not receiving adequate care. 1 Nurses are legally required to report any incidents they observe, reasonably suspect, or are told about by an elder or a dependent adult. However, there are two exceptions to this rule. If a nurse knows a report has been made by another staff member, then there is no legal requirement to report the incident. There is also no legal requirement to report if a nurse has been told about abuse by an adult diagnosed with mental illness or dementia and there is no independent corroborating evidence of abuse and the nurse reasonably believes that no abuse occurred.