Professor, thank you for your posed question. In the State of Maryland according to Md. Code, Crim. Law 3-602.2 “(a) A person who is required to provide notice of suspected abuse or neglect of a child or make a written report of suspected abuse or neglect of a child under § 5-704 of the Family Law Article may not knowingly fail to provide the required notice or make the required written report if the person has actual knowledge of the abuse or neglect. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both. (c) This section applies only to a failure to report child abuse or neglect that occurs during the time the child is a minor.” (Md. Code, Crim. Law § 3-602.2)
So in Maryland, its a misdemeanor, and no I don’t think that it is enough of a punishment. “For the past 23 years, Nursing has become the most trusted profession.” (Kean, 2024) So because of that, it is unacceptable that we would not do our best to advocate for each and every patient that we encounter. If you suspect that your patient was abused, you should report it. Even if you’re wrong, its better safe than sorry especially in Maryland when you can report anonymously. If we fail our Pediatric population and they are suffering and/or worse killed, we should be held accountable. This should be a loss of license, longer jail time and a bigger fine. And I would take it a step further to create a registry among the NCSBN so that the nurse cannot go to another state to get a license to practice and the BON for that state would know why.
Thomason Reuters. (2019, October 1). Statutes, codes, and regulations. Legal research tools from Casetext. https://casetext.com/statute/code-of-maryland/article-criminal-law/title-3-other-crimes-against-the-person/subtitle-6-abuse-and-other-offensive-conduct/section-3-6022-failure-to-report-suspected-child-abuse-or-neglect#:~:text=(b)%20A%20person%20who%20violates,the%20child%20is%20a%20minor.
Kean, N. (2024, February 6). Nurses voted most trusted profession again but ratings are lower. Clinical Advisor. https://www.clinicaladvisor.com/home/topics/practice-management-information-center/nurses-trusted-profession/#:~:text=For%20the%20past%2022%20years,high%E2%80%9D%20honesty%20and%20ethical%20standards.