Releasing information to police

[hodgieRN]

I was just wondering what you guys do...

We often have pts that are under arrest or under investigation. There is usually a detective that leaves a card with a name, phone number, and case number. They will call and check to see how the pt is doing. Usually, they are wanting to know when they can come and talk to the pt for questioning. Or, they simply want to know the status. Usually, it's not an issue.

Lately, I am been getting frustrated with what I can tell over the phone. I've had co-workers tell me that they don't release any information b/c it is against HIPAA. (This pertains to pts that are not currently under arrest...they are just persons or interest). It will be my first day of the week, and someone from the police department calls asking a bunch of questions.

And, the last couple of times, its been the detective's secretary (or something), who's typing every single word I say on the case file. (the phone number is verified as the police department, not some news agency). She ask what the injuries are, the status, if they are going to live, has the pt had any surgeries, current xrays and then what my assessment includes like neuro status, resp status. The last one wanted to know my name, which I did tell her (I could hear her typing away at the computer). Then, she asked my last name, which I refused. My personal information isn't needed for a status update. Then she asked me for my date of birth....What? I refused that, then she said "so you are refusing, right? Well, if you don't want to tell me, we can find that out, but if you don't want to...ok.. I'm gonna put down that you aren't willing to answer my questions."

I've heard not to release anything unless it's the detective or unless they know the password, but the detective doesn't always have time to call and it has to be someone else. Is there a limit to what you guys tell over the phone? Do I have the right to refuse giving my own personal information. The date of birth thing ****** me off, plus her response was kind of threatening. I feel like I have a right to my own privacy, especially when it is a pt who isn't even under arrest. Do you just limit it to status update?

[meandragonbrett]

"Critical but stable" or "Critical and unstable" is all anybody gets via the phone from me unless there is a password set up.

[Jory, MSN, APRN, CNM]

Police have powers that override HIPPA and you don't have to be under arrest either. For example, I cannot refuse to identify myself to a police officer that asks me, even if I am not under arrest. A police officer can question you...you don't have to answer, but if they tell you to "wait" and you try to barge your way past them, you'll find yourself under arrest, even though you weren't to start with.

It is "need to know" basis.

For example, a police officer who needs to question a patient, may need to know if the patient is awake, if they have a surgery scheduled, etc. However, it is not important for them to know what type of surgery they are having, unless a surgeon making a repair for a gunshot wound or a possible knife wound...THEN it becomes important.

A police officer would need to know if the subject has been given a sedative or other opiate...that is important during questioning, because the patient may not have the capacity to invoke their rights or say they want an attorney or even worse....recall events incorrectly or that never even happened.

That is one of the reasons you are getting general rather than specific questions from the investigators. They also have a vested interest when a person may be released (because they may need to be arrested upon release) or if someone may die or not.

People don't need to over-analyze HIPAA.

[morte, LPN, LVN]

well, unless they are standing in front of me with a badge etc...i can be very silent.

[chudder]

I answer in generalities if police are present in person, but never over the phone. If it's a phone call I transfer it to the charge nurse or give the officer the nursing supervisor's phone number.

[hodgieRN]

Cool. Thanks for the responses!

[Esme12, ASN, BSN, RN]

Regardless of what they say......refer them to your supervisor. Tell them NOTHING over the phone for if it is that important they can come to the department. Refer them to administration/supervision/manager/director. It is not your responsibility to keep the police updated or informed.

Be nice, be polite....refer them to administration. Don't get involved. If they want to question you they need to go through the hospital administration/lawyers. They start asking personal information for you has no bearing on the patients condition refer them to legal.

[hodgieRN]

Thank you Esme!