Ethics/medicolegal Flashcards
Where does duty of confidentiality in SH originate from?
A duty of enforcement of confidentiality originates from The Public Health (Venereal Diseases) Regulations 1916
The NHS Code of Confidentiality applies to services managing STIs in England and Wales
with an additional duty of enforcement of confidentiality required by the NHS Trusts and Primary Care Trusts (Sexually Transmitted Diseases) Directions 2000
Minimum SH that should be taken (BASHH)
Confirm lack of symptoms
Date of LSC and number of partners in the last three months
Gender of partner(s), anatomic sites of exposure, condom use and any suspected infection, infection risk or symptoms in
partners
Previous STIs
For women: last menstrual period (LMP), contraceptive and cervical cytology history.
Blood borne virus risk assessment and vaccination history for
those at risk
Agree the method of giving results
Establish competency, safeguarding children/vulnerable adults Recommend/consider
Recognition of gender-based violence/intimate partner
violence
Alcohol and recreational drug history
Additional safeguarding questions for YP?
. Whether parents/carers are aware of the child’s sexual activity;
. Whether parents/carers are aware of the child’s attendance at the clinic
. Whether the child has ever had non-consensual sexual contact;
. Age of sexual partner(s)
. Vulnerability (e.g. self-harm, psychiatric illness, drug or alcohol misuse, where there is an imbalance of power, e.g. youth workers/teachers, or grooming is likely).
Sex in under 13 yo
Where children under the age of 13 years report sexual activity, this should be discussed with a senior colleague
Should be discussed in confidence, with the local child protection lead.
Reporting to social service and the police may be indicated but is not mandatory.
Sex in under 13 is offence under Sexual Offences act 2003
Not legally capable to consent
Classes as rape
How does Children’s act define a child?
The Children Act 1989 defines a child as ‘a person who has not yet reached 18 years of age’.
GMC definition of children/young people
Children; younger children who lack the maturity and understanding to make important decisions for themselves.
Young people; older or more experienced children who can make these decisions.
Can under 16 records be disclosed to parents?
Disclosure of records raises specific issues with young people under 16 years and parental/guardian rights.
Records of competent young people should not be disclosed to parents or others without their explicit consent or a court order.
Where the request is from police or social workers in relation to child protection issues, it is advisable to seek advice from the Trust’s solicitors, regulatory bodies and defence associations.
Definition of child sexual abuse from Government publication, Working Together to Safeguard Children (2006)?
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, including prostitution, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape, buggery or oral sex) or non-penetrative acts.
They may include non-contact activities, such as involving children in looking at, or in the production of, sexual online images, watching sexual activities, or encouraging children to behave in sexually inappropriate ways.
Which age group ie children/YP needs to have a risk assessment to consider CSA?
Working together indicates the need to consider CSA in under 18yo old who are sexually active, and perform a risk assessment on under 16 year olds.
Do you have to report sexually active under 13 yo to police/social services?
Working together states that there is a presumption of reporting under 13s to social services and the police. It does not advocate mandatory reporting.
Which YP can consent to medical investigation/treatment?
Young people under the age of 16 years can consent to medical examination, investigation and treatment if they have sufficient maturity and judgement to enable them fully to understand what is proposed and its implications
Fraser Ruling when applied to contraception
Gillick competence when applied to wider aspects of care, management and consent.
Refusal to test by competent young persons- what to do?
The clinician must weigh up the harm to the rights of the child against the benefits of testing and treatment, so that decisions can be taken in the child’s best interests.
The advice of other members of the multi-disciplinary team, an independent advocate or named/designated doctor for child protection may be helpful.
Legal advice should be sought about whether to apply to the court, if testing is thought to be in the best interests of a competent child who refuses.
Refusal of testing by parents of a non-competent child or young person what to do?
If parents refuse testing that is clearly in the best interests of a non-competent child or young person then the clinician should involve other members of the multi-disciplinary team, an independent advocate or named/designated doctor for child protection before seeking legal advice.
This also applies if both a young person with capacity and their parents refuse testing.
Consideration must be given to the fact that the parent who is declining consent may be an abuser.
Risks of CSE/CSA
- emotional maturity
- psychological wellbeing
- physical development, e.g. pre- or post-pubertal
- drug or alcohol abuse
- age of partner(s)
- number of partners (current and lifetime)
- disclosure of current or previous sexual abuse or exploitation
- other young people who may be at risk, e.g. siblings/other family members,
friends, vulnerable adults etc - social networks and support
- age of young person, with decreasing age causing higher concern.
- homelessness
- out of school
- other, e.g. commercial sex work, internet grooming etc
- physical disability affecting communication
- learning difficulties
- presence of an STI or pregnancy
Which groups are at increased risk for STI?
Adolescents
People from, or who have visited countries with high rates of HIV and/or other STIs
MSM
History of frequent partner change or sex with multiple concurrent partners
Early onset sexual activity
Previous bacterial STI
Attendance as a contact of STI
Alcohol or substance abuse
Poor mental health
Prisoners
Sex industry workers
Looked after and accommodated adolescents
Those with learning disability
Those with sexual compulsion and addiction