Forensic nursing is a relatively new specialty, recognized by the American Nurses Association in 1995. In an ideal situation, a forensic nurse will be the first healthcare professional to deal with a victim of violence or abuse – that includes sexual assault, domestic violence, child or elder abus...
Forensic nursing is a relatively new specialty, recognized by the American Nurses Association in 1995. In an ideal situation, a forensic nurse will be the first healthcare professional to deal with a victim of violence or abuse – that includes sexual assault, domestic violence, child or elder abuse, human trafficking, assault, or homicide.
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FORENSIC NURSING Mrs.B.Kavitha M.Sc (N), Professor HOD- Department of Psychiatry, Aswini College of Nursing, Thrissur
Forensic nursing is a relatively new specialty, recognized by the American Nurses Association in 1995. In an ideal situation, a forensic nurse will be the first healthcare professional to deal with a victim of violence or abuse – that includes sexual assault, domestic violence, child or elder abuse, human trafficking, assault, or homicide. He or she may also be called on to assess and collect evidence from the perpetrators of the crime. INTRODUCTION
Forensic nurses also have specialized knowledge of the legal system and skills in injury identification, evaluation, and documentation. According to the International Association of Forensic Nurses, a forensic nurse collects evidence, provides medical testimony and collaborates with legal authorities during the course of her job.
Forensic nursing is defined as the application of the nursing process to public or legal proceedings, and the application of forensic health care in the scientific investigation of trauma and/or death related to abuse, violence , criminal activity, liability, and accidents. DEFINITION
A forensic nurse is a registered or advanced practice nurse with specific education and training to provide specialized care f or patients who are experiencing acute and long term health consequences associated with victimization or violence, and / or have unmet evidentiary needs relative to having been victimized or accused of victimization.
HISTORY AND DEVELOPMENT OF FORENSIC NURSING
Virginia A Lynch, Mother of Forensic Nursing, and a strong advocate for the forensic nursing specialty in the United States, pushed to have the specialty recognized and helped to form programs in the U.S. for proper education. According to Lynch, “The investigation of trauma before surgical intervention or other life- saving measures is essential to preserve the image and description of injury before it is lost through a sea of wound cleansing antiseptic, insertion of instruments or suturing.”
From there began an explanation of the nurse's role in not just forensic medicine but also the criminal justice system when dealing with a victim of violence. In the 1980s articles were being written about how the important evidence needed to build a legal case was not being preserved during the treatment of a victim.
DEVELOPMENT OF FORENSIC NURSING IN INDIA
SCOPE OF FORENSIC NURSING A Forensic nurse is a specialized nurse trained in providing care for patients who are victims and/or perpetrators in medico-legal cases. Forensic nurses play an important role in bridging the gap between the law and medicine . Setting of practice Forensic nurses can work in various healthcare settings such as hospitals, emergency dept, clinics, correctional health centers and medical examiners .
EDUCATIONAL REQUIREMENT The Indian Nursing Council (INC) has included Forensic Nursing as a subject in the revised syllabus of the B.Sc. Nursing Programme in the V semester. INC started the PG programme in forensic nursing speciality Online forensic nursing education programme In the USA SANE and doctorate PROGRAMME in forensic nursing
DIFFERENT ROLES OF FORENSIC NURSES Forensic Gerontology Specialists: Investigate cases surrounding elder abuse and exploitation and they work in Nursing homes, hospitals, or retirement homes Forensic Psychiatric Nurses: Treat and manage victims and offenders with serious mental health issues or disorders and they work in Hospitals, correctional facilities, behavioral facilities
Sexual Assault Nurse Examiners (SANE): Administer care and forensic examinations to victims of sexual assault and related trauma. They also may testify in court on behalf of the victims they’ve treated and they work in Hospitals and health clinics Forensic Nurse Investigators : Work with law enforcement to determine the causes of unexpected or violent deaths and they work in Coroners’ or medical examiners’ offices
Nurse Coroners or Death Investigators : Examine bodies to determine causes of death and look for related evidence for crime scene investigations and they work in Coroners’ or medical examiners’ offices Clinical forensic nurse examiner emergency and critical care : Delivers care to both living and deceased clients Identifies forensic cases Initiates the proper collection, preservation, and chain of command of evidence Provides accurate documentation for this unique population
Legal Nurse Consultants: Assist attorneys with cases that need medical expertise, such as medical malpractice or personal injury lawsuits and they work in Government offices, insurance companies, legal departments Correctional Nursing Specialists: Provide routine and specialized care to those in jail, prison, and other correctional institutions and they work in Jails, prisons, correctional facilities
Clinical forensic nurse examiner organ and tissue donation and transplantation : Conducts and provides a detailed physical exam and collects any evidence that may be required Forensic psychiatric nurse : Connects the gap between the criminal justice, legal, and mental health systems .Applies nursing process to clients pending a criminal hearing or trail
Forensic nurses provide various services that help the healthcare, legal, and business sectors determine violence, crime, and fraud. Their medical expertise, combined with critical thinking and proficient communication skills, ensures that cases are solved truthfully and lawfully. IMPORTANCE OF FORENSIC NURSING
They also help victims and families of abuse/violence seek relief, comfort, and justice. These specialists utilize their training, compassion, and communication skills to help those needing emotional support. Forensic nurses may be required to identify, determine , and explain certain cases involving physical abuse, trauma, and fraud.
Forensic nurses can find the necessary evidence and give testimony afterward if summoned to court. Forensic nurses are also capable of providing emotional and psychological support in these times of distress. Without forensic nurses, individuals and organizations would have less capacity to understand and manage the medical aspects of their cases
INTEGRATED PRACTICE MODEL FOR FORENSIC NURSING SCIENCE
Description of the integrated practice model The model is described as follows: Three principal components embracing the outer triangle constitute the theoretical basis of forensic nursing. The interlocking circles indicate interconnected, interagency coordination, cooperation, and communication essential to public health, safety, and social justice.
A knowledge base of interrelated disciplines (fields of expertise)–nursing science, forensic science, and the law—use sociological, criminological, and nursing theory to connect role behaviors with the societal consequences of health and human behavior.
The societal impact components are human behavior (broadly based sociological and psychological notions), social sanctions (legal and institutional sanctions and processes), and crime and violence (both recognized and hidden). Social, cultural, and political factors bring together role expectations within a system of roles .
Autonomy :Healthcare providers must honor patients’ rights to determine what is best for themselves, even if the decision is different from the provider’s opinions or perspectives. Justice :Providers must deliver fair and equitable treatment and resources to all patients. Injustice in this realm includes denying patients a fair distribution of resources. Beneficence :Providers should work to promote the well-being of their patients, including balancing the benefits of a treatment against the potential risks.
Non-maleficence: Providers are obligated to do no harm, including by providing ineffective treatments. Fidelity to patients: Fidelity directs forensic nurses to deliver care with loyalty, honesty and altruism. By being faithful to promises (such as described in beneficence and non-maleficence), forensic RNs provide quality care. Obligation to Science :RNs working in forensic science should advance science and the field of forensic nursing, understand the limits of their knowledge and incorporate evidence-based practices into their work. Their contributions to the field should be accurate, unbiased and complete.
Duty to the public :Forensic nurses must take an active role in public welfare, including by actively campaigning for violence prevention. Commitment to colleagues :In completing their work to the best of their abilities, forensic nurses must be honest, fulfill all obligations and safeguard private information. They should act as mentors to students and treat colleagues with respect.
Providing expert forensic nursing consultation. Maintaining confidentiality and compassion at all times. Collecting blood, tissue, and semen samples. Evaluating and documenting patients’ wounds and/or injuries. Gathering pertinent evidence from victims and suspects. Managing the victim’s emotional trauma and fear. RESPONSIBILITIES OF FORENSIC NURSE
Requesting lab tests and interpreting the test results. Testifying in court as an expert witness using evidence gathered. Properly handling all evidence gathered. Conducting forensic photography. Serving as a bridge between the healthcare and legal s ystems. Attending mandatory forensic nursing training.
INDIAN NURSING COUNCIL (INC) The Indian Nursing Council is an Autonomous Body under the Government of India, Ministry of Health & Family Welfare was constituted by the Central Government under section 3(1) of the Indian Nursing Council Act, 1947 of parliament to establish a uniform standard of training for nurses, Midwives, and health visitors. Indian Nursing Council Act, 1947. Act No. of Year: ACT NO. 48 OF 1947 Enactment Date: 31st December, 1947.
Objective An Act to constitute an Indian Nursing Council. To establish a uniform standard of training for nurses, midwives and health visitors. It is enacted with 17 sections & each section points out the specific legislative role of Council.
Section- 1. Short title, extent, and commencement a) This Act may be called the Indian Nursing Council Act, of 1947. b)It extends to the whole of India except the State of Jammu and Kashmir. c)It shall come into force at once.
Section-2. Interpretation: a) " The Council” means the [Council] constituted under this Act. b) " Prescribed” means prescribed by regulations made under section 16." State Council" means a Council (by whatever name called) constituted under the law of a State to regulate the registration of nurses, midwives, or health visitors in the State. c) "State register" means a register of nurses, midwives or health visitors maintained under the law of a State.
Section - 3. Constitution and composition of the Council The Central Government shall as soon as may be constitute a Council consisting of the following members, namely:- (a) One registered nurse elected by each State Council. (b) Two members elected from heads of institutions recognized by the Council. (c) One member elected by the heads of institutions in which health visitors are trained. (d) One member elected by the Medical Council of India. (e) One member elected by the Central Council of the Indian Medical Association.
(f) One member elected by the Council of the Trained Nurses Association of India. (g) one auxiliary nurse-midwife enrolled in a State register, elected by each of the State Councils in the four groups of States mentioned below, each group taken in rotation in the following order, namely: - ( i ) Kerala, Madhya Pradesh, Uttar Pradesh and Haryana, (ii) Andhra Pradesh, Bihar, Maharashtra and Rajasthan, (iii) Karnataka,Punjab , Himachal Pradesh and West Bengal, (iv) Assam, Gujarat, Tamil Nadu and Orissa
(h) The Director General of Health Services The Chief Principal Matron, Medical Directorate, General Headquarters (j) The Chief Nursing Superintendent, office of the Director-General of Health Services (k) The Director of Maternity and Child Welfare, Indian Red Cross Society (l) The Chief Administrative Medical Officer (by whatever name called) of each State other than a Union territory.
( m) The Superintendent of Nursing Services (by whatever name called), from each of the States in the two groups mentioned below, namely:- (Andhra Pradesh, Assam, Maharashtra, Madhya Pradesh, Tamil Nadu, Uttar Pradesh, West Bengal and Haryana) (Bihar, Gujarat, Himachal Pradesh, Kerala, Karnataka, Orissa, Punjab and Rajasthan) (n) Four members nominated by the Central Government, of whom at least two shall be nurses enrolled in a State register and one shall be an experienced educationalist.
(2) Three members elected by Parliament, two by the House of the People and the other by the Council of States from among its members. (3) The President of the Council shall be elected by the members of the Council for five years, who shall hold office during the pleasure of the Central Government. (4) No act done by the Council shall be questioned on the ground merely of the existence of any defect in the constitution of, the Council.
Incorporation of the Council constituted under section 3 shall be a body corporate by the name of the Indian Nursing Council having a common seal.
Mode of elections Elections under sub-section of section 3 by State Councils shall be conducted by rules made by the respective State Governments, and where any dispute arises regarding any such election it shall be referred to the State Government concerned whose decision shall be final. Other elections under that sub-section shall be conducted in the prescribed manner, and where any dispute arises regarding any such election it shall be referred to the Central Government whose decision shall be final.
Term of office and casual vacancies (1) An elected or nominated President, shall hold office for a term of five years. (2) A member may at any time resign his membership by writing under his hand addressed to the President. (3) Any member shall be deemed to have vacated his seat if he is absent without excuse sufficient to the Council from three consecutive meetings of the Council. (4) A casual vacancy in the Council shall be filled by fresh election or nomination. (5) Members of the Council shall be eligible for re-election.
Officers, Committees and servants of the Council The Secretary of the Council shall, for three years , be a person appointed by the Central Government The Council shall- (a) Elect from among its members a Vice-President; (b) Constitute from among its members an Executive Committee and such other Committees to carry out the purposes of this Act; (c) Subject to the provisions of sub-section (1), appoint a Secretary, who may also act as Treasurer; (d) Appoint or nominate such other officers and servants as the Council deems necessary. (e) Require and take security from the Secretary or from any other officer or servant; (f) With the previous sanction of the Central Government, fix the fees and allowances to be paid to the President. Vice President and other members of the Council.
The Executive Committee The Executive Committee shall consist of nine members, of whom seven shall be elected by the Council from among its members. The President and Vice-President of the Council shall remain President and Vice-President, respectively, of the Committee. The Executive Committee shall exercise and discharge powers and duties as the Council may impose if necessary.
Recognition of qualifications The qualifications included in Part I of the Schedule shall be recognized qualifications, and in Part II of the Schedule shall be recognized higher qualifications. The qualification only when granted after a specified date by the respective state council, shall be a recognized qualification. The Council may enter into negotiations with any authority to which this Act does not extend in India or foreign country.
Effect of recognition (a) Any recognized qualification shall be a sufficient qualification for enrolment in any State register. (b) No person enrolled in any state register unless he/she holds a recognized qualification. (c) Any person holding a recognized higher qualification can entered as a supplementary qualification in any state register.
Power to require information as to courses of study and training and examinations. Every authority in any State that grants a recognized qualification shall furnish such information to the Council from time to time, & the Council issues courses of study and training, and examinations to be undergone to obtain such qualification, as per the Council standard.
Inspections (1) The Executive Committee may appoint number of inspectors. (2) Inspectors appointed under this section shall report to the Executive Committee. (3) The Executive Committee shall forward a copy of such report to the authority or institution concerned, and also forward copies, to the Central Government, the State Government and State Council of the State in which the authority or institution is situated.
Withdrawal of recognition (1) When, upon a report by the Executive Committee, it appears to the Council- (a)Any institution fall short of standard by the council. (b)Any institution fall short of standard by a State Council may send information to the INC & an intimation send for the period within which the institution or authority have to submit its explanation to the state Government. (2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, the State Government shall make its recommendations to the Council. (3) The Council, after such further inquiry, may can withdraw the recognition.
Mode of declarations All declarations under section 10 or section or 14 .15 (A) shall be published in the Official Gazette. 15 (A). Indian Nurses Register. (1) The Council shall cause to be maintained Indian Nurses Register in the prescribed manner. (2) It shall be the duty of the Secretary of the Council to keep the Indian Nurses Register. (3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872. 15 (B). Supply of copies of State registers. Each State Council shall supply to the Council twenty printed copies of the State register as soon as may be after the 1st day of April of each year.
Power to make regulations. The Council may make regulations not inconsistent with this Act, such regulations may provide for (a) property of the council. (b) Elections (c) The meetings (d) Prescribing the functions of the Executive Committee. (e) Prescribing the powers and duties of the President and the Vice-President; (f) Prescribing the tenure of office and the powers and duties of the Secretary and other officers. (g) Prescribing the standard curricula . (h) Prescribing the conditions for admission to courses of training. ( i ) Prescribing the standards of examination. (j) Any other matter .
FUNCTION Recognizes nurses as a separate branch in health service Regulates nursing training & sets uniform standard of training for nurses throughout the country. Construct syllabus for all nursing programs To regulate nursing practice. Permits title, badges, uniforms for registered nurses. Inspection of school & colleges of nursing Power to make regulations. Withdrawal of recognition of nursing institutions Maintenance of Indian nurse registers
EDUCATIONAL ROLE & RESPOSIBILITY INC initiates, prescribes, guide & supervise the different levels of nursing education. It laid down the qualification for the admission, registration & employment. It recognizes & approves various institutions for conducting different nursing educational programs. INC sets educational activities in different occasions like Nurses Day, Breast feeding week, AIDS Day etc. It regulate the course duration. Prescribe the syllabus for all levels of nursing education.
SNC (STATE NURSING COUNCIL) The State Nurses and Midwives Council was established in 1948 under the provisions of Nurses and Midwives Act with the purpose of “Better training of nurses, midwives & health visitors”. It works as an autonomous body under the Government of respective states, Department of Health and Family Welfare.
STRUCTURE Each state determines the specific administrative responsibility and oversight of the council of nursing. The governor of the state The state health Directorate Nursing Directorate Another state official or organization
The silent features Provision of an autonomous body, comprising majority of nurses, endowed with decision making powers. Compulsory registration for all nurses, midwives practicing within the state. Provision of nurses, midwives, & public health nurses to elect their own representatives to the respective state. Powers to regulate nursing education prescribe curriculum & enunciate examination policies. Provision to have a nurse registrar to carry out the functions of the SNC. Provision for recognition of educational institutions of nursing & withdrawal of such recognition, if necessary.
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