can a doctor report a patient to the police in the us

Yes. The Privacy Rule permits a health care provider to disclose necessary information about a patient to law enforcement, family members of the patient, or other persons, when the provider believes the patient presents a serious and imminent threat to self or others.

Full Answer

Do doctors report drug use to the police?

The doctors I've known and worked with wouldn't report anything to the police about your drug use; however, in many states, they are legally obligated to file a report on any children that might be abused or neglected due to your addiction (no money for food, left alone while you're out scoring, at home while you're high,etc).

Can a police officer request a copy of a patient's medical records?

A police officer attended a GP practice. The officer explained that a patient was being held in custody and had committed a serious crime. He asked for a copy of the patient's medical records. The officer quoted section 29 (3) of the Data Protection Act 1998 (DPA), stating that this waived the need for patient consent.

Can a doctor contact a patient’s family or law enforcement?

Does HIPAA permit a doctor to contact a patient’s family or law enforcement if the doctor believes that the patient might hurt herself or someone else? Yes.

Can I report someone to the police?

Nope. That’s not our job. There are a limited number of things that we are permitted to disclose to the police. For example, if someone is deemed an imminent threat to themselves or others, they can be reported to the police for an emergency petition.

Does doctor-patient confidentiality apply to crimes?

In short, disclosure must be considered essential to protect the patient, protect third parties from the risk of death or serious harm or prevent a crime/civil wrong.

Do doctors have to tell police?

However, a doctor has an ethical duty of confidentiality and must be able to justify a decision to disclose information without the patient's consent.

Can patient information be given to police?

Although it is an offence to obstruct the police in the execution of their duty, the police have no automatic right to confidential patient information and disclosure should not take place unless the patient consents to disclosure, it can be justified in the public interest or is required by law.

Can police access medical records?

Importantly, the only way the police can demand clinical records is by way of a search warrant, so unless there is a warrant you do not have to release the health information.

What are the limits of doctor-patient confidentiality?

He or she cannot divulge any medical information about the patient to third persons without the patient's consent, though there are some exceptions (e.g. issues relating to health insurance, if confidential information is at issue in a lawsuit, or if a patient or client plans to cause immediate harm to others).

When can doctor break confidentiality?

Doctors can breach confidentiality only when their duty to society overrides their duty to individual patients and it is deemed to be in the public interest.

Can a doctor share your information?

You may disclose personal information if it is of overall benefit to patient who lacks the capacity to consent. When making the decision about whether to disclose information about a patient who lacks capacity to consent, you must: make the care of the patient your first concern.

Can doctors withhold information from patients?

Except in emergency situations in which a patient is incapable of making an informed decision, withholding information without the patient's knowledge or consent is ethically unacceptable.

What happens if a doctor breaks confidentiality?

If a doctor is found to be guilty they can be charged in court with breaking the law on confidentiality. As a result they risk being 'struck off' the GMC register (and this has happened to many doctors in recent years). Medical students in turn risk expulsion from their medical school.

Can law enforcement violate Hipaa?

The HIPAA Privacy Rule contains an exception for law enforcement purposes (45 CFR § 164.512(f)), which permits a covered entity to disclose PHI to law enforcement officials without patient authorization under the following circumstances: Court orders, court-ordered warrants, subpoenas, and administrative requests.

Can you refuse to give a statement to the police?

You may decide you do not wish to continue with a complaint and would like the police to cease their investigation. If you decide this before giving a witness statement you can refuse to give one. If you do not give a witness statement, it is unlikely that the police will continue investigating.

Why do police request medical records?

Information can be disclosed in the public interest where it is necessary to prevent a serious and imminent threat to public health, national security, the life of the individual or a third party, or to prevent or detect serious crime.

What is the privacy rule?

The Privacy Rule permits a health care provider to disclose necessary information about a patient to law enforcement, family members of the patient, or other persons, when the provider believes the patient presents a serious and imminent threat to self or others.

Why is disclosure of patient information required?

In addition to professional ethical standards, most States have laws and/or court decisions which address, and in many instances require, disclosure of patient information to prevent or lessen the risk of harm.

Does HIPAA allow disclosures?

Note that, where a provider is not subject to such State laws or other ethical standards, the HIPAA permission still would allow disclosures for these purpose s to the extent the other conditions of the permission are met.

Who can disclose mental health records?

Under these provisions, a health care provider may disclose patient information, including information from mental health records, if necessary, to law enforcement, family members of the patient, or any other persons who may reasonably be able to prevent or lessen the risk of harm.

What is the DPA section 29?

Section 29 of the DPA permits you to disclose information but does not require you to do so.

When disclosure is required by law, should you only disclose information that is relevant to the request?

If a disclosure is required by law, you should only disclose information that is relevant to the request, and where practicable you should tell the patient about the disclosure. The police have asked me for a statement for the coroner following the unexpected death of a patient.

What law requires police to know the driver of a car involved in an accident?

The police have also asked me for details of the driver of the car that was involved in the accident. The Road Traffic Act 1988 allows the police to require information from anyone that may lead to the identification of the driver.

Can you disclose information to the police?

You should explain to the police that you have to comply with your professional duty of confidentiality as set out by the GMC. This says that information can only be disclosed with patient consent, or if it is required by law, or if the disclosure is justified in the public interest. The police should provide you with the relevant consent from ...

Can you take blood from an incapacitated driver?

In the UK, blood may be taken from an incapacitated driver for testing in the future with the patient’s consent. The blood test should be taken by a forensic physician, unless this is not reasonably practicable, and not by a doctor involved in the clinical care of the patient.

What is HIPAA medical privacy?

HIPAA prohibits the release of information without authorization from the patient except in the specific situations identified in the regulations. This document is based on the HIPAA medical privacy regulations and provides overall guidance for the release of patient information to law enforcement and pursuant to an administrative subpoena. ...

What is the role of hospitals in protecting patient information?

Introduction. Hospitals and health systems are responsible for protecting the privacy and confidentiality of their patients and patient information. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations established national privacy standards for health care information. HIPAA prohibits the release of information ...

What does the GMC say about disclosure?

As with any situation in which you are considering a disclosure in the public interest, the GMC says that you must balance the effect of a disclosure on the patient and on trust in doctors generally, against the potential benefits arising from release of information.

What does MDU advice mean?

MDU advice. The provision referred to can in appropriate circumstances mean that there will not be a breach of the Data Protection Act in supplying information to the police. That does not mean, however, that you are required to give that information. Your ethical duty of confidence still applies. You will need to have consent from ...

What are some examples of laws that require you to disclose information to the police?

Examples of statutes that require you to disclose or volunteer information to the police include the Road Traffic Act 1988 and the Terrorism Act 2000. Another situation in which you are obliged to disclose information applies if in the course of your work you discover an act of Female Genital Mutilation ...

What is a patient in custody?

A patient in custody. A police officer attended a GP practice. The officer explained that a patient was being held in custody and had committed a serious crime. He asked for a copy of the patient's medical records.

What happened to a GP who was abused as a child?

The patient was very upset during the most recent consultation and said media coverage of historic child abuse brought back memories of when he was abused as a child. He went on to confess that he had recently abused a 13-year old friend of his daughter's when she was having a sleepover at their house. He asked the GP not to tell anyone as he would never do anything like that again.

When should you disclose relevant information promptly?

When you consider that failure to disclose would leave a risk so serious that it outweighs the patient's and the public interest in confidentiality, you should disclose relevant information promptly to an appropriate person or authority. Despite the man's reassurances, he had confessed to a serious crime and children may well be at risk.

Is it an offence to fail to comply with a police requirement?

In fact, under the Act, it is an offence to fail to comply with such a police requirement. The GMC expects you to disclose information if required by law but only information relevant to the request and only in the way required by the law. The GMC's confidentiality guidance states that you should also 'tell patients about such disclosures, ...

What is the privacy rule?

Finally, the Privacy Rule permits a covered health care provider, such as a hospital, to disclose a patient’s protected health information, consistent with applicable legal and ethical standards, to avert a serious and imminent threat to the health or safety of the patient or others. Such disclosures may be to law enforcement authorities ...

What information is required to be disclosed under HIPAA?

The Privacy Rule permits a HIPAA covered entity, such as a hospital, to disclose certain protected health information, including the date and time of admission and discharge, in response to a law enforcement official’s request, for the purpose of locating or identifying a suspect, fugitive, material witness, or missing person. See 45 CFR § 164.512 (f) (2). Under this provision, a covered entity may disclose the following information about an individual: name and address; date and place of birth; social security number; blood type and rh factor; type of injury; date and time of treatment (includes date and time of admission and discharge) or death; and a description of distinguishing physical characteristics (such as height and weight). However, a covered entity may not disclose any protected health information under this provision related to DNA or DNA analysis, dental records, or typing, samples, or analysis of body fluids or tissue. The law enforcement official’s request may be made orally or in writing.

Does the Privacy Rule require disclosure of health information?

Further, to the extent that State law may require providers to make certain disclosures, the Privacy Rule would permit such disclosures of protected health information as “required-by-law” disclosures.

Can a covered entity disclose health information?

However, a covered entity may not disclose any protected health information under this provision related to DNA or DNA analysis, dental records, or typing, samples, or analysis of body fluids or tissue. The law enforcement official’s request may be made orally or in writing. Other Privacy Rule provisions also may be relevant depending on ...

Who is required to report medical conditions to the DMV?

Only doctors are required by law to report medical conditions to the DMV. But other parties have the option to do so, including: law enforcement officers, judges, family members, friends, concerned private citizens, and. even the driver him- or herself (in a driver’s license application or during a visit to the DMV).

Who must notify the DMV of a driver's medical condition?

The DMV must notify the impacted driver in writing of its final decision. Under California law, doctors are required to report anyone to the DMV who suffers from any medical or mental condition that may impact his/her ability to drive safely.

What to do if the DMV finds that the driver poses no safety risk?

do nothing (if the Department finds that the driver poses no safety risk), ask for further medical information, conduct a “ reexamination hearing ,” or. in rare cases, immediately suspend or revoke the person’s driving privileges. The DMV must notify the impacted driver in writing of its final decision.

What to do if there is no safety risk?

do nothing (if the department decides there is no safety risk), request more information, in the form of a “ Driver Medical Evaluation ” (“DME”), schedule a “reexamination hearing” with the driver , or. in rare cases, immediately suspend or revoke the person’s driver’s license.

When do you have to inform the DMV of retaliation?

Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely.

When do you need to inform the DMV of a mental illness?

Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely.

Where is the DMV hearing?

This is an in-person evaluation to determine if a driver has the physical and mental skills to drive a car safely. The hearing takes place at a local California DMV driver safety office and it is conducted by a DMV hearing officer. The hearing officer may do any of the following after conducting the hearing:

What are the laws regarding impaired drivers?

Laws Concerning Disclosure of Impaired Drivers. Many states have enacted laws to address the problem of impaired drivers. Some of these laws mandate disclosure to motor vehicle authorities, while, in others, disclosure is voluntary. Some states require reporting for specific conditions but not for others [4].

Does Oregon require physicians to report impairments?

Oregon, for example, has broad regulations. Its laws require physicians ( especially primary care physicians) to report conditions that impair sensory, motor, and cognitive functioning to state authorities [5], and they provide comprehensive standards for determining when a driver is impaired.

Can a physician disclose a driver's license?

In other words, if informing driver’s licensing agencies (i.e., the Department of Motor Vehicles) about potentially dangerous drivers is not a legally sanctioned reason for breaching confidentiality, physicians may be unable to disclose.

Can a physician report a mental illness in Montana?

Other states’ physician reporting laws are more permissive. Montana’s statute says that a “physician who diagnoses a physical or mental condition that, in the physician’s judgment, will significantly impair a person’s ability to safely operate a motor vehicle may voluntarily report [italics added]” the patient [11].

Is it dangerous to drive while intoxicated?

Sometimes drivers act voluntarily in ways that make them unsafe, such as driving while intoxicated or exhausted. In these circumstances, we rightfully hold them responsible for injury or damage caused by their choices.

Who is Lee Black?

Lee Black, JD, LLM is a senior research associate for the Council on Ethical and Judicial Affairs at the American Medical Association in Chicago. Prior to joining the AMA, he was a staff attorney with the Legislative Reference Bureau in Springfield, where he drafted legislation for the Illinois General Assembly.

What is confidentiality in a therapist?

Therapist Confidentiality: Crimes Involving a Psychologist. Additionally, the limits to therapist/patient confidentiality mean that a mental health professional is not required to keep discussions confidential if a patient tries to use them in order to commit a crime.

What happens if a therapist tells his therapist he can't stop thinking about raping

But if he told his therapist that he can’t stop thinking about raping the teenage girl next door, she is legally required to report the crime to the girl’s parents or the police. These kind of limits to therapist confidentiality in criminal cases are not limited to the informed parties either.

What is diminished actuality defense?

While attorneys in rarely rely on the insanity defense, claiming diminished actuality is a common partial defense for those who did not have the actual specific intent to commit a crime because of their mental state and it may help you obtain reduced charges or a lighter sentence.

Do psychologists have to break confidentiality?

The most famous limits to therapist confidentiality and criminal situations is when a therapist is legally required to break confidentiality if he or she believes the patient may hurt himself or someone else. While the most obvious example of this is the mandatory institutionalization of someone who is likely to commit suicide, psychologists are also require to report patients to the police or victim if the patient indicates he or she will commit a crime against someone else.

Do therapists have to report crimes?

While therapists do not need to report crimes that have already happened in most cases, there are exceptions when it comes to therapist confidentiality in crimes involving crimes against children, the disabled or the elderly. This applies to both adult clients who may have committed crimes against their children or clients under 16 who have had ...

Can a psychiatrist tell if a patient has ADHD?

For example, if a patient tells her psychiatrist that she has ADHD and needs a prescription for Ritalin, but the psychiatrist can tell she is lying simply in order to obtain pills to get high, the doctor is no longer restricted by patient/doctor confidentiality laws.

Can a therapist break confidentiality?

If the patient is a minor under 16 and the therapist has reason to believe that she has been the victim of a crime and the therapist believe s it is in her best interest to report the crime, the therapist can choose to break patient confidentiality.