Are nurses allowed to turn in wanted criminals?

kbrn2002, ADN, RN · Nov 14, 2016

This is an interesting question that I have never considered. I would imagine the hospital has some kind of policy in place should the situation arise.

MunoRN, RN · Nov 14, 2016

Nurses who harbor criminals, regardless of the location, are just as guilty as the criminals themselves, as would be any other individual.
We do not silently aid-and-abet (spelling?) wanted criminals by turning a blind eye. If it is determined that one of our patients is wanted by the law, anyone can make an anonymous phone call to the proper authorities...which is what I would do. This is told to each of us during the onboarding process in employment.
If it is discovered after the patient has been admitted, notify the manager, who should notify the hospital's security/police department, who should and probably will inform local authorities. The patient care continues, but probably under a (literally) guarded situation until discharge.
If this is discovered on a day off and we know the patient's (criminal's) location, again, anonymous phone call, phone call to the hospital's security department, and/or call to the supervisor. We have an obligation of safety to all individuals who enter our doors: colleagues, patients, and visitors.
We are far too busy with sick people. Word is already out that known drug addicts can come to us with subjective complaints and get their quick-fix. We do not want to be known as a safe haven for basic and/or hardened criminals.
Just my opinion...

That's actually a pretty clear HIPAA violation as it doesn't abide by the notification of law enforcement requirements, and no, treating someone accused of a crime is not aiding and abetting. Aside from the legal definitions of what exactly is required to notify law enforcement of a patient being in your facility, it's also unethical.

WKShadowNP, DNP, APRN · Nov 14, 2016

Now, I've had police come and ask about a case, even for a moving violation, but they are not given information without a warrant. Once, the policeman didn't even know the patient's name. I was not about to divulge any information on the several who met his narrative.

RiskManager · Nov 15, 2016

Many national and state hospital associations have model guides or policies on this issue. For example, here is Washington's: http://www.wsha.org/wp-content/uploads/HIPAA-Guide-2015-update-FINAL-zes-tb-edits_DKAcceptions.pdf and here are the guidelines from the AHA: http://www.aha.org/content/00-10/guidelinesreleasinginfo.pdf

Most of these guidelines follow the HIPAA requirements, which are protective of PHI. Generally speaking, I would only allow nursing staff to notify law enforcement of a fugitive if the nurse has a reasonable belief that doing so will prevent or minimize an imminent danger to the patient or any other individual. I would want to see that reasonable belief articulated in the chart and to have the nurse check with me, Compliance, Privacy or nursing leadership first.

As for the OP, most hospitals do already have a policy on this: it is typically written and administered by Medical Records, Compliance, Privacy or Risk.

Conqueror+, BSN, RN · Nov 15, 2016

Nurses who harbor criminals, regardless of the location, are just as guilty as the criminals themselves, as would be any other individual.
We do not silently aid-and-abet (spelling?) wanted criminals by turning a blind eye. If it is determined that one of our patients is wanted by the law, anyone can make an anonymous phone call to the proper authorities...which is what I would do. This is told to each of us during the onboarding process in employment.
If it is discovered after the patient has been admitted, notify the manager, who should notify the hospital's security/police department, who should and probably will inform local authorities. The patient care continues, but probably under a (literally) guarded situation until discharge.
If this is discovered on a day off and we know the patient's (criminal's) location, again, anonymous phone call, phone call to the hospital's security department, and/or call to the supervisor. We have an obligation of safety to all individuals who enter our doors: colleagues, patients, and visitors.
We are far too busy with sick people. Word is already out that known drug addicts can come to us with subjective complaints and get their quick-fix. We do not want to be known as a safe haven for basic and/or hardened criminals.
Just my opinion...

Thats a dramatic stretch. Treating someones asthma attack in my ER does not make me complicit in the murder they committed. I am not law enforcement.

NotYourMamasRN · Nov 15, 2016

Sure you could. Just make an anonymous phone call

My answer too. I feel as though I have an ethical obligation to protect public safety, a wanted criminal is a threat to public safety.

t3mama · Nov 15, 2016

I agree with making an anonymous phone call. I don't see that's any different than if I were a patient in your ER waiting room who noticed someone's wanted face also in the waiting room, I'd definitely be sending an anonymous phone call.

MrNurse(x2), ADN · Nov 15, 2016

Recently in my city, it came out that a suspected murderer now on trial was seen in the ER I used to work in. The nurse that cared for him later reported to the police that the patient told her he killed someone. At the time it was also found he was high on drugs, although I don't know what drugs were found in his system. To me, anything a patient says under the influence of drugs or alcohol should not be reported to the police, because it will definitely be used against them in court. I don't know if HIPAA will cover my ass, or what hospital policy is regarding this matter. But if a patient is under the influence of some mind altering substance and says they committed a crime, it's my own personal policy that I won't say anything or make a note in the chart.
Now if I find out if a patient I have is on the most wanted list, I really don't know what I'd do. Depends on my mood I guess. If the patient treats me and others like dirt, I might be angry enough to search the most wanted list. But I've not done that, even though I've had plenty of obnoxious patients. It's never occurred to me to deliberately look at the most wanted list.

Sorry, but this has struck such a deep chord. Wow, you really wouldn't keep the public safe? What if that person killed after you saw them, have you no conscience? WOW, JUST WOW.

TriciaJ, RN · Nov 15, 2016

Sorry, but this has struck such a deep chord. Wow, you really wouldn't keep the public safe? What if that person killed after you saw them, have you no conscience? WOW, JUST WOW.

I was struck by "depends on my mood". This is a grey area for nurses, certainly worthy of discussion. But regardless of what course of action I chose, it wouldn't be based on what kind of mood I was in.

Rem9066 · Nov 16, 2016

So this exact scenario just happened to me recently. Saw a former patient of mines "wanted" picture on the local police departments facebook page, he happened to get readmitted the next day after I saw it. I asked my manager what to do and she said we had no policy on it but that we want our patients to feel safe coming to the hospital, but if an "anonymous tip" were put in, then there's nothing they can do about that.

RHolland7 · Nov 16, 2016

Wow!! I don't understand that kind of logic! I personally believe that we are obligated to report if someone has admitted to committing a crime. I couldn't live with myself if that person went out and did the same...or worse and I hadn't said something. To not report someone who I knew was wanted is criminal!

allnurses Guide · Nov 16, 2016

What about just making an anonymous call to Crime Stoppers.. So and so was seen walking into the Podunk ER at 8pm, and seen walking out at 10pm...?

Edit: I see that has been suggested already. Seems very logical.