HealthStream offers performance learning management solutions to help develop your healthcare staff into leaders and reduce turnover.
View All ProductsHealthStream works with healthcare organizations to create engaging and high-quality training videos for your staff and management.
View All ProductsImprove care quality and save money by making informed decisions about your healthcare facility and staff with HealthStream's reporting analytics solution.
View All ProductsHealthStream's proven methods for the improvement and overall engagement of your healthcare staff foster a positive workplace and increase retention rates.
View All ProductsBe confident in your staff’s ability to reduce risk by providing compliance training that changes behavior.
View All ProductsDevelop next-level people for next-level care by prioritizing quality and safety improvements.
View All ProductsStandardize policy and procedure management with an automated, customized, and centralized system.
View All ProductsEstablish a culture of belonging with education supporting DEI, wellness, engagement, and leadership development.
View All ProductsDeliver custom or industry designed product training directly to patient and resident care environments to reinforce proper use.
View All ProductsStreamline the revenue cycle management process and protect your bottom line with expert-backed education.
View All ProductsLearn about our advanced resuscitation training solutions. Our solutions are designed to help improve patient outcomes.
View All ProductsUnlocking the full potential of clinicians goes beyond aspiration – it’s a commitment we embody. Our competency development solutions help personalize learning for every clinician so you can confidently bridge the gap between theory and practice for your nurse residents while meeting the unique development needs of your seasoned clinician.
View All ProductsEnhance maternal & child nursing care with solutions focused on improving the quality of care for mothers, infants, and children.
View All ProductsAddress staffing challenges, standardize orientation and onboarding, and deliver an effective training program for your team to easily achieve and maintain certification with our critical, emergency, and acute care solutions.
View All ProductsWe understand the critical importance of earning and maintaining your patients' trust in the delivery of exceptional sedation and surgical outcomes. As a premier provider of healthcare education, we are committed to empowering you in promoting safer, more successful outcomes for each and every patient, without exception.
View All ProductsOur solutions are meticulously designed to cater to the diverse needs of patients, healthcare professionals, and organizations. Within this innovative framework, we have curated specialized subsets of solutions aimed at addressing the ever-evolving challenges faced by individuals dealing with illnesses or chronic conditions.
View All ProductsHealthcare workforce management is essential. We provide advanced scheduling solutions for organizations to solve issues such as nurse retention
View All ProductsTackle all the challenges of practitioner directory management within a health plan with a single solution tailored to your specific needs.
View All ProductsOur affordable CVO credentialing services establish patient safety by enabling primary source verification for your healthcare organization.
View All ProductsFinally, a comprehensive resource to support collecting, storing, and sharing credentialing data with ease.
View All ProductsIntegrate with Epic to validate and add new providers directly to your provider master file.
View All ProductsMitigate risk and elevate your quality of care. Improving both clinical and business outcomes starts with a smarter, more integrated approach to regulatory training, continuing education and quality management.
Learn MoreNote
In addition to laws that apply generally to organizations, healthcare has its own specific prohibitions for sexual harassment and abuse. A variety of regulatory structures in medicine exist that go beyond those of the Equal Employment Opportunity Commission (EEOC) and state-level human rights and human relations agencies.
The Hippocratic oath prohibits sexual activity for physicians with any patient. That applies to anyone in healthcare, supplemented with regulations by state medical boards, state nursing boards, and any nurse therapy boards. According to the National Federation of State Medical Boards there are two categories of sexual misconduct in the context of the practice of medicine. The first one is sexual impropriety, which involves behaviors and gestures that are seductive, sexually suggestive, disrespectful of patient privacy, or could be interpreted as sexually demeaning to a patient. Violations include inappropriate comments about a person's sexual organs or sexual history, or even the suggestion of an interest in sex in some way. Physicians and other care providers are not supposed to have any sexual relationship with a patient.
The second category in this area is sexual violation, involving actual physical contact between a physician or other healthcare provider and a patient. Essential to this area is the idea of a “boundary violation,” a term commonly used by defense lawyers because it sounds much less inappropriate than sexual misconduct or sexual violation.
A recent investigation by the Atlanta Journal Constitution demonstrates the problem of sexual abuse and sexual harassment in healthcare. In 2016, the newspaper analyzed public records in every state for sexual impropriety and sexual misconduct by physicians. They found public accusations against more than 3100 physicians—the paper estimated this is probably only a fraction of the total sexual violations by physicians. Experts believe that many hospitals are reluctant to report misconduct, because of the widespread ramifications. Medical boards and other healthcare institutions seem to have a similar reluctance to take on these issues directly.
In the past, internal sexual abuse and harassment allegations in healthcare were not always referred to prosecutors for investigation. Only when the sexual abuse involved minors, who are very vulnerable, was it mandatory to report to law enforcement. By now, all credible allegations should be reported, though whether reporting is required is not consistent across all states. People who articulate a concern about abuse or harassment need to believe that an organization is going to respond appropriately with an investigation. Some states impose due process requirements, as a matter of statute, before a physician can be discharged from a voluntary hospital staff.
Healthcare organizations must think about due process concerns for staff and balance them against the obligation to protect patients and employees. One question to ask is “What does it mean to take immediate and appropriate corrective actions?” Should a healthcare provider suspend a clinician or put them on leave for a period of time while allegations are investigated? If allegations are credible and you fail to respond, you may be found to have failed to take immediate and appropriate corrective action. Healthcare organizations want to demonstrate that they have taken reasonable steps to prevent anything else from happening while an investigation continues. One option is immediate suspension and a restriction of clinical privileges while the situation is being investigated. Ultimately, organizations need to make sure medical staff policies or bylaw provisions authorize such actions as an immediate suspension if investigators concur that one of these violations has occurred.
This blog post is the third in a series based on the HealthStream webinar, Fostering a Safe and Secure Workplace, led by James Sheehan. Sheehan is currently Chief of the New York Attorney General's Charities Bureau, which oversees compliance and regulation of the nation's largest charity sector. Prior to this role he was the New York City Human Resource Administration's first Chief Integrity Officer overseeing audit investigation and data analysis for the nation's largest social services agency. He has additional experience as New York State's first Medicaid inspector general, overseeing the country's first mandatory compliance program. He also was an assistant and associate U.S. Attorney in the Eastern District of Pennsylvania, where he developed a nationally recognized program working with whistleblowers under the False Claims Act.
HealthStream’s learning management system and comprehensive suite of competency management tools empower your healthcare workforce to deliver the best patient care.
View All Learning & PerformanceHealthStream offers performance learning management solutions to help develop your healthcare staff into leaders and reduce turnover.
View All ProductsHealthStream works with healthcare organizations to create engaging and high-quality training videos for your staff and management.
View All ProductsImprove care quality and save money by making informed decisions about your healthcare facility and staff with HealthStream's reporting analytics solution.
View All ProductsHealthStream's proven methods for the improvement and overall engagement of your healthcare staff foster a positive workplace and increase retention rates.
View All ProductsWhen you enact HealthStream's quality compliance solutions, you can do so with the confidence your healthcare organization will meet all standards of care.
View All Quality & ComplianceBe confident in your staff’s ability to reduce risk by providing compliance training that changes behavior.
View All ProductsDevelop next-level people for next-level care by prioritizing quality and safety improvements.
View All ProductsStandardize policy and procedure management with an automated, customized, and centralized system.
View All ProductsEstablish a culture of belonging with education supporting DEI, wellness, engagement, and leadership development.
View All ProductsHealthStream offers professional training and education on how to best optimize your reimbursement process within your healthcare organization.
View All ReimbursementStreamline the revenue cycle management process and protect your bottom line with expert-backed education.
View All ProductsExpand the decision-making skills and effectiveness of your healthcare workforce with HealthStream's clinical development programs and services.
View All Clinical DevelopmentLearn about our advanced resuscitation training solutions. Our solutions are designed to help improve patient outcomes.
View All ProductsUnlocking the full potential of clinicians goes beyond aspiration – it’s a commitment we embody. Our competency development solutions help personalize learning for every clinician so you can confidently bridge the gap between theory and practice for your nurse residents while meeting the unique development needs of your seasoned clinician.
View All ProductsEnhance maternal & child nursing care with solutions focused on improving the quality of care for mothers, infants, and children.
View All ProductsAddress staffing challenges, standardize orientation and onboarding, and deliver an effective training program for your team to easily achieve and maintain certification with our critical, emergency, and acute care solutions.
View All ProductsWe understand the critical importance of earning and maintaining your patients' trust in the delivery of exceptional sedation and surgical outcomes. As a premier provider of healthcare education, we are committed to empowering you in promoting safer, more successful outcomes for each and every patient, without exception.
View All ProductsOur solutions are meticulously designed to cater to the diverse needs of patients, healthcare professionals, and organizations. Within this innovative framework, we have curated specialized subsets of solutions aimed at addressing the ever-evolving challenges faced by individuals dealing with illnesses or chronic conditions.
View All ProductsMake sure your healthcare staff can schedule out appointments and work schedules with ease using HealthStream's line of software solutions.
View All SchedulingHealthcare workforce management is essential. We provide advanced scheduling solutions for organizations to solve issues such as nurse retention
View All ProductsComprehensive, industry-leading provider onboarding and credentialing software that validate health outcomes and support provider assessment.
View All CredentialingOur affordable CVO credentialing services establish patient safety by enabling primary source verification for your healthcare organization.
View All ProductsIntegrate with Epic to validate and add new providers directly to your provider master file.
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