Here is Part 3 of the legal information provided by Barbara G. Graybill, Esq., of Schutjer Bogar LLC, located in Harrisburg, PA. I've reprinted the information directly below so I don't get in trouble.
The information herein reflects the views of the author. The information should be construed as general guidelines and not interpreted as legal advice. The materials should serve as a general reference to facilitate more thorough research and analysis with the assistance of a competent professional who would have an opportunity to consider the facts of any particular situation. ALL RIGHTS RESERVED. All materials herein, other than the statutory and regulatory provisions, are copyrighted but may be reproduced as long as authorship is properly acknowledged.
My own notes are in italics. They may or may not be as accurate as the information provided by Barbara.
FOR THE RECORD: LEGAL ISSUES OF HEALTH MINISTRY – Part 3
GUIDELINES FOR BEING LEGALLY DEFENSIBLE AS A HEALTH MINISTRY PARTICIPANT
1. Understand the scope of your responsibilities. Negotiate and educate your parish supervisor and boards regarding what you can and can't do. If you are a parish nurse, it does not mean that you function as a "free" home nurse to every member of the community but this misconception widely persists. Education of your congregation is extremely important.
2. Put it in writing. You should have a written job description which identifies your major goals and objectives; who is your "supervisor" and what reporting and accountability standards are being implemented; how you will report time; how you will keep case notes; who owns case notes; a description of your required reporting requirements; the number of hours expected; and the opportunities you will have to educate the parish on your role. Make sure you have notes when there could be obvious legalities involved, such as gun shot wounds, child abuse, elder abuse, etc.
3. Know the chain of command in your parish; have a good grasp of the guiding rules, practices, and cultural backgrounds. Use your denominational guidance. If you aren't sure if your denomination or church has them, investigate (example - The United Methodist Church has a Book of Discipline, which contains Social Principles. These can serve as guidance in certain situations.)
4. Avoid the appearance of impropriety. Many times, two are better than one, expecially in certain instances. For example, it is best to have another person around when you are placing an individual's narcotics in a med box for him to take, to avoid possible accusations of stealing medications.)
5. Do not take gifts or money directly from parishioners. Notify your supervisor of any attempts to give you money or other items. A gift given with the full knowledge of your supervisor may be okay, but don't accept "gifts in the dark." A good policy among all church employees is to not accept gifts or to report all gifts through your church channels.
6. Network and educate yourself. Realize that you may often run into conflicts; i.e., the wife who may be responding angrily to her sick husband because she is exhausted—and because she is exhausted, she is abusive or neglectful of her husband's needs; a wife being abused by her husband, an elder in the church; a teenager being sexually active with an older member of the church; an unwanted pregnancy; admission of pedophilia, alternate lifestyles against which your church may take a moral stand, etc. Plan for conflicts and think through them before you encounter them so you are prepared.
7. Educate the parish about your responsibilities and the information and referral services you provide.
8. Know your liability carrier and the situations you are required to report to them. BE SURE THERE IS LIABILITY COVERAGE. There are situations where, even if nothing "happens," it is best to report an insident. One example is: You take a blood pressure Sunday morning during your routine blood pressure screening and later you find they were admitted to the hospital. Though you followed protocol, it might be best to report the incident to your insurance company. Check with them to find out what incidents they want reported.
9. Plan your office space to avoid compromising situations.
10. Plan your filing process to protect confidentiality.
11. Individuals who assume this role are often nurturers who want to "fix things." Realize what your role is—your obligation to the welfare of your parishioners equally — and realize that you can't be the one to fix things. Realize that you can refer out.
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