Bills aimed to protect young patients from sexual abuse become Delaware law

A collection of bills intended to prevent physicians from sexually abusing children has been signed into law after winning unanimous approval through the Delaware House and Senate.

The new laws, dubbed the Bradley bills in reference to the case of pediatrician Earl B. Bradley, who allegedly molested over 100 children despite red flags raised by colleagues and family members, include the following provisions and more:

• A requirement that there be another adult in the room when a physician is treating a disrobed person 15 years of age or younger.
• A recommendation that professionals receive additional training in recognizing and reporting child abuse.
• A requirement that all physicians to undergo the same kind of background check required in the state of teachers and other professionals who work with youth.
• A bolstered reporting process of the Board of Medical Practice by strengthening the Board's authority to police unprofessional conduct and clarifying and simplifying the Board's administrative procedures to improve the efficiency of the board and its ability to work with law enforcement.

"This legislation increases protections for young patients, addresses serious shortcomings in Delaware law governing the medical profession, clarifies the obligation to report abuse, and increases penalties for doing so," Attorney General Beau Biden said at the signing. "This legislation will ensure that patients and children will receive the medical care they deserve without the fear of harm. I want to thank Governor Markell and legislators for coming together to make these important reforms a reality."

"We cannot undo the horrible crimes that have been committed," said State Rep. Ruth Briggs King (R-Georgetown). "I believe these bills are among the most important laws we'll enact this year because they will provide increased communication that'll help ensure that those responsible for these types of despicable acts are exposed as early as possible."

Some, however, don't think the reforms go far enough, reports Delaware Online. While they acknowledged that more doctors and medical professionals might be persuaded by the prospect of a hefty fine and other discipline to report a colleague, critics said the culture of secrecy and protection among doctors must change, noting the silence and inaction of doctors who were told of Bradley's suspicious behavior that allowed the alleged crimes to continue.

"The legislation mostly revolves around creating a better system for complaints and beefing up the laws that people are going to have to follow about making a report" to the medical board, said Karen Derasmo, executive director of Prevent Child Abuse Delaware. "Initially, everybody is going to be on hyper-alert but there's always going to be that good-old-boy system, and that's really unfortunate."

To learn more:
- read the article in the Newark Post
- see the piece on Delaware Online

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