a Question about HIPPA, the police, and etoh levels on a pt

Someday-C.R.N.A. · Nov 15, 2005

Not yet a Nurse, but I'm thinking I'll need some official paperwork mandating the release of such information.

Looking forward to hear what the real Nurses have to say...........

joyflnoyz, LPN · Nov 15, 2005

Not without a warrant

Thunderwolf, MSN, RN · Nov 15, 2005

No........

Katillac, RN · Nov 15, 2005

The bottom line of HIPPA, based on what I've read and training I have had, is that you protect a patient's information, including test results, from anyone who doesn't need it to treat the patient. Safety, and the police, do not need the info to treat the patient, therefore you do not share the info unless you are compelled by law, as in a warrant. Even without HIPPA, those results are confidential, and you risk major liability if you reveal them without authorization. It's up to a judge to determine if the info is needed to prosecute and issue a warrant or other court order, not up to you or the officer to make that decision.

Here's a group posting that might help:

http://health.groups.yahoo.com/group/ncemsf-l/message/2905?viscount=100

HappyJaxRN · Nov 15, 2005

If someone has been arrested prior to being admitted to the ER or where ever they go, the nurse can give the blood alcohol levels to the police. When someone is arrested or placed in protective custody, they are in the custody of that state. For example, Florida. I was a police officer for a couple of years and have arrested my fair share of people for DUI. A couple of them went to the ER. Since I was the arresting officer, the person was in the custody of The State of Florida...which I was respresenting as a police officer. I'm not sure how much information beyond that can be offered to the police. I never needed anything more than a blood alcohol level, and a list of injuries endured when an accident was involved.

Also, every state is different. It may not be this way everywhere.

gauge14iv, MSN, APRN, NP · Nov 15, 2005

In Texas - if DPS wants to know the ETOH level, they draw their own blood (or get their own tube of what is drawn) and they produce the appropriate paperwork (a warrant of some kind as I recall) to allow that. In addition they can subpoena records from the hospital to get the ETOH level at a later date - this provides them with two readings.

In order for them to do this though, someone must have died or it must be suspected that someone will die as a result of the motor vehicle accident or the suspects actions.

It's been a few years - this may have changed. But in any case, you can't tell them anything - they have to get it through the proper channels.

ETA: The rules may be different if they have been arrested as the previous poster points out

Trauma Columnist · Nov 15, 2005

Every state is different...in some states, IL for instance you can release the ETOH level in certain circumstances.

nursemomruns · Nov 15, 2005

Hello! I need to ask if anyone else has been in this situation...When a Department of Public Safety officer is on your floor asking for a patient's blood alcohol level, are you allowed to tell him what the blood alcohol level was? I can't seem to find this example while searching the internet. Thank you in advance!
zilla

In some states if the patient is being actively investigated for a crime, i.e., DUI, the information can be released to the police. In Indiana, for instance, by law the ER has to give the info to the officers under those circumstances. There is special paperwork that is used.

mom2michael, MSN, RN, NP · Nov 15, 2005

Where I live, yes. They are required a chain of custody form and they are allowed only the copy of the ETOH lab report, no other reports. It doesn't happen often though because they have their own ways of detecting a person's BA that can be used in court. It's usually involving a fatality accident where we have to give them the lab report.

HappyJaxRN · Nov 15, 2005

Where I live, yes. They are required a chain of custody form and they are allowed only the copy of the ETOH lab report, no other reports. It doesn't happen often though because they have their own ways of detecting a person's BA that can be used in court. It's usually involving a fatality accident where we have to give them the lab report.

We would usually transport the drunken drivers who at been arrested to the jail where they would agree to submit to a breathalizer (sp) test. Sometimes people arrested for DUI weren't drunk from alcohol and needed to have their blood drawn to determine what they were under the influence of. Others were brought to the ER because they were either threatening to kill themselves or were injured from an accident.