Nursing

PD in the ED: Whatcha Gonna Do When They Come for [Patient Information]?

As an Emergency Department RN, I have worked closely with law enforcement throughout my career in a variety of circumstances and know firsthand the importance of maintaining a strong working relationship between hospital and police staff. I have worked in huge ED’s where the police department is always present serving as security for the hospital by providing protection from unruly patients and their friends/family members. I have also worked in small rural hospitals where there is no security team at all. It is in those instances when the police department have to be called in if a situation is getting out of hand that I truly appreciate them more than ever. ED staff is often abused and brush elbows with a lot of volatile, dangerous situations. I am more than aware that gun violence doesn’t often stop until it is met with another gun in the hands of a “good guy” so PD presence is a huge source of safety and security for ED staff.

The relationship between police and emergency staff is a mix of patience and trust although the “closeness” varies greatly depending on the institution. This relationship is sometimes complicated in the rural setting simply due to the smaller population. For example, I’ve worked in an ED where multiple staff members are married to or dating local police officers; this blurs the ethical lines when it comes to handling sensitive information. We nurses appreciate all the police department does for us and want to be as accommodating as possible. Unfortunately, we are also bound by our own laws (namely HIPPA) that prevent us from divulging any and all information requested by PD. This can get very confusing, especially in moments of high tension. So, what exactly are the rules for dealing with police in the healthcare setting?






What is required to give

medical info to police?

-Patient consent
or
-Court order/search warrant
or
-Subpoena (although this usually takes 24+ hours to obtain as a case has to actually be filed to get it)

Laws vary from state to state, but in Illinois (where I’ve worked the most out of my career), IF a patient has committed a crime or was involved in a motor vehicle accident an RN can reveal:

-Toxicology results

-Ethanol (alcohol) level

-Injuries sustained




Can police demand to see a

patient while in the hospital?

If the police are visiting a patient anywhere in the hospital (ED or an inpatient unit), they must follow the regular visitor policies. The patient retains the right to refuse any and all visitors, including from a police officer [unless they are under arrest].




Can police request a blood or

urine sample from any patient?

As many of you probably remember, there was a horrific video taken of a nurse being drug out of the hospital after being screamed at by a police officer. This was because the officer demanded blood be drawn from an unconscious man who was NOT under arrest. The nurse knew the patient’s rights and demanded a court order be provided prior to doing this. The officer was clearly angered by this and proceeded to hand cuff her and drag her out to his squad car. He was eventually found in the wrong and fired, but the event got national coverage.

To draw blood or get urine from a patient for police use, you need:

-Patient consent
or
-Court order
or
-Patient is under arrest




Can police leave body cameras on

while in a patient’s room?

This is actually up to the individual state, however, many states have no laws in place regarding this topic yet. In Illinois, body cams are left on unless requested to be turned off by a victim or witness only. A nurse ideally should never ask for a camera to be turned off; if you’re doing your job correctly, video footage does nothing but protect you.




Can a police officer request

medical interventions such as a

stomach pump, rectal exam, etc.?

NO they cannot, EVEN IF THE PATIENT IS UNDER ARREST. The only way this can be done against a patients will is with a search warrant issued by a judge, however, healthcare workers need to be very careful with this one!

Remember:

-Warrants are only valid in the county they are issued in!

-If a patient says no and a search warrant says yes, READ IT CAREFULLY. Most search warrants are for the police officer, not the hospital. If the search warrant is for the hospital as well, you have to go against the patient’s refusal and get the information demanded in the search warrant.

Above all, CONTACT YOUR HOSPITAL ATTORNEY as soon as things start to get uncertain!




What should you do if you don’t

know what to do?

Contact your manager, house supervisor, administrator on duty if after hours, or hospital attorney ASAP!! You aren’t in this alone so reach out and consult the experts. It’s your job to be an expert at some things, but medical law isn’t one of them.




What should you do if the officer

is getting angry & threatening to

charge you with obstruction of

justice?

This question is so specific because this happens more than you’d think. Fortunately, most police officers are very understanding of delicate situations and most nurses are able to communicate their concerns respectfully.

– Overall, maintain that level of respect and continue to communicate in a professional manner.

– Know who to call for immediate help (risk department, administrator on call, compliance department, etc.)

– Explain calmly that the facility is more than willing to cooperate once legal authorization is provided.

If you’re anything like me, I see a police officer and immediately want to comply with whatever they tell me to do because, hello, I DON’T LIKE GETTING IN TROUBLE. Good communication is the key to facilitating a great professional relationship between healthcare facilities and police departments and keeps expectations clear. I would argue that the bigger challenge as an RN is to not give out more information than you are legally allowed to, especially if the patient is being a jerk. Being up to date on your hospital and state’s policies will help you be the best nurse and patient advocate possible while still being a contributing team member to the health and safety of your community.

Lawful travels <3

2 thoughts on “PD in the ED: Whatcha Gonna Do When They Come for [Patient Information]?”

  1. This was good information to know. I was only a CNA and not a nurse, but I have seen unruly people in medical situations. I didn’t know what was legal information to give out and what wasn’t. I can see how it can become confusing.

  2. This was a great blog full of facts. Perhaps people will learn the truth here instead of believing what they watch on tv as the truth

Comments are closed.