We recently posed a question to TJCâs Standards Interpretation Group on this topic. So, what are the implications of this new definition in those circumstances?įrequently, an organization will be in the position of needing to investigate if the sexual contact was ânonconsensualâ and thus meets the definition of a sentinel event. Investigating these incidents and determining the facts can be challenging. Incidents of alleged sexual contact are fairly common in 24-hour behavioral health settings. Implications for Behavioral Health Settings Next, the new definition aligns with the CMS definition of sexual abuse which is ânon-consensual sexual contact of any type with a resident.â Last, TJC aims to provide a clearer definition of these events so organizations can determine if they indeed constitute a sentinel event. That was prior to the wide popularity of social media which is often a factor in sexual abuse/assault events. So, whatâs the background on this change? First, TJC developed the original sentinel event definition over 11 years ago. Any forced, coerced, or extorted sexual activity with an individual, regardless of the existence of a preexisting or current sexual relationship, is considered to be sexual abuse.â Why the Change in Definition? An individualâs apparent consent to engage in sexual activity is not valid if it is obtained from the individual lacking the capacity to consent, or consent is obtained through intimidation, coercion, or fear, whether it is expressed by the individual or suspected by staff. Other examples of nonconsensual sexual contact may include but are not limited to situations where an individual is sedated, is temporarily unconscious, or is in a coma. When the individual does not want the contact to occur.When the individual lacks the cognitive or legal ability to consent even though appearing to want the contact to occur.Generally, sexual contact is nonconsensual in the following situations: Taking sexually explicit photographs and/or audio/video recordings of an individual and maintaining and/or distributing them (for example, posting on social media) this would include, but is not limited to, nudity, fondling, and/or intercourse involving an individual.Forced observation of masturbation and/or sexually explicit images, including pornography, texts, or social media.All types of sexual assault or battery, such as rape, sodomy, and coerced nudity (partial or complete).Unwanted intimate touching of any kind, especially of the breasts, buttocks, or perineal area.Sexual abuse includes, but is not limited to, the following: ÂNonconsensual sexual contact of any type with an individual. The revised definition of sexual abuse/assault in the Sentinel Event Policy will be as follows: Revised Joint Commission Sentinel Event Definition Sufficient clinical evidence obtained by the health care organization to support allegations of unconsented sexual contactâ.Admission by the perpetrator that sexual contact, as described above, occurred on the organizationâs premises. Any staff-witnessed sexual contact as described above. One or more of the following must be present to determine that the incident is a sentinel event: ÂNonconsensual sexual contact, including oral, vaginal, or anal penetration or fondling of the individualâs sex organ(s) by another individual. The current definition of sexual abuse/assault in the Sentinel Event Policy is as follows: Specifically, TJC is revising the definition of sexual abuse/assault within the Sentinel Event Policy.Ĭurrent Joint Commission Sentinel Event Definition Effective January 1, 2023, there will be a revised Joint Commission Sentinel Event definition.
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