Recently Delaware made headlines as a result of a doctor who had raped and molested over 100 children. There were numerous complaints over the years. Well once it made it to CNN, the victims came forward in droves. The Delaware legislature has responded by creating one of the most comprehensive laws in dealing with professional sexual exploitation.
Elements of the Bradley law:
- Physicians seeking to obtain or renew a license must disclose all previous investigations into their behavior.
- The medical disciplinary board can force hospitals and other healthcare institutions to release records of previous investigations.
- All hearings of the medical board involving alleged misconduct must be held in public.
- Doctors accused of improper behavior won’t be able to learn the identity of the person(s) making the complaint.
- The medical board can expedite suspensions when there is a threat to the public.
- Every doctor must be fingerprinted. The medical board must conduct a criminal background check every 6 months.
- A chaperone must be present when a child under 15 is at least partially disrobed for an exam. Parents and caretakers must be informed of this requirement.
- The medical board can suspend or revoke a physician’s license for failing to report suspected misconduct by a colleague.
- The medical board can receive verbal complaints as well as written complaints.
- Physicians, police and prosecutors must take have training in recognizing and reporting child abuse.
- The medical boards 7 (out of 16) non-physician members may have a healthcare background.
- A healthcare provider can be sued for healthcare abuse of a child any time after the act, instead of the current 2-year statute of limitations.
If the laws in your state are lacking, here is a good model to bring to your legislator of choice.
Let us know if we can help you dealing with your family’s sexual abuse situation. For ideas to get started please check out our book on what to do during the early days after disclosure.
