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Nurses as Disciplinary Agents of the State: Ethical Practice and Mandatory Reporting in the United States
Danisha Jenkins1, Ian Wolfe, Jess Dillard-Wright
1Author Affiliations: San Diego State University School of Nursing, San Diego, California (Dr Jenkins); Department of Clinical Ethics, Children's Minnesota, Minneapolis (Dr Wolfe); Center for Bioethics, University of Minnesota, Minneapolis (Dr Wolfe); and Elaine Marieb College of Nursing, UMass Amherst, Amherst, Massachusetts (Dr Dillard-Wright).
Abstract:
This article reviews legislative initiatives that mandate nurses to report patients, families, and clinicians to law enforcement. Most recently, these laws target transgender and gender diverse (TGD) youth and people seeking abortion. In this article, we examine the ethics of such laws through professional ethical codes. Furthermore, through a biopolitical lens, we critically analyze examples of nurses' participation in complying with laws that harm patients. Finally, we discuss the damage these laws have on the nursing profession and assert the necessity of a resituating of professional ethics that considers the complexity of nursing care amidst increasingly blatant state-sanctioned violence.
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