can i report a patient to the police

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

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.

Should there be a mandatory reporting law for violent patients?

Mandatory reporting laws, say some professionals, may discourage people from seeking professional help or fully disclosing their intentions; or providers may be reluctant to treat potentially violent patients because they fear liability for failure to properly fulfill the duty to warn.

Can a GP disclose information about a patient to the police?

The GMC's confidentiality guidance states that you should also 'tell patients about such disclosures, wherever practicable, unless it would undermine the purpose of the disclosure to do so'. In this situation, the GP has a legal obligation to provide information to the police to identify the driver (usually name and address).

Can a therapist be forced to report a patient who threatens someone?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York.

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 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 law requires you to disclose information to the police?

One such situation is the legal requirement imposed by the Road Traffic Act 1988.

What are some examples of laws that require you to disclose or volunteer 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 (FGM) in a girl under the age of 18 in England and Wales.

What is an example of failure to disclose records?

One such example arises when failure to disclose the records 'may expose others to a risk of death or serious harm'. In this case, the patient was in custody and could not pose a threat to the public. Therefore the patient's consent should be sought in the first instance.

Why is the practice advised to record their reasons for the decision they made either to disclose or withhold the requested information?

The practice was advised to record their reasons for the decision they made either to disclose or withhold the requested information, in case they were later called upon to justify the decision.

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.

Who is not liable for a mental health patient's violent behavior?

Provides that a physician, social worker, psychiatric nurse, psychologist or other mental health professional, a mental health hospital, a community mental health center, clinic, institution or their staff shall not be liable for damages in an civil action for failure to warn or protect any person against a patient's violent behavior. Any such persons mentioned shall not be held civilly liable for failure to predict such violent behavior, except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons. "When there is a duty to warn and protect under the provisions of paragraph (a) of this subsection (2), the mental health provider shall make reasonable and timely efforts to notify the person or persons, or the person or persons responsible for a specific location or entity, that is specifically threatened, as well as to notify an appropriate law enforcement agency or to take other appropriate action, including but not limited to hospitalizing the patient." Any persons mentioned above shall not beheld civilly liable or professionally disciplined for warning any person against or predicting a patient's violent behavior. This immunity does not cover negligent release of mental health patient information or the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation after a personal patient evaluation determining that the patient appears to have a mental illness, and as a result of that illness would be an imminent danger to others.

Why are mental health professionals reluctant to treat potentially violent patients?

Mandatory reporting laws, say some professionals, may discourage people from seeking professional help or fully disclosing their intentions; or providers may be reluctant to treat potentially violent patients because they fear liability for failure to properly fulfill the duty to warn.

What is the duty of confidentiality in mental health?

Under ethical standards tracing back to the Roman Hippocratic Oath, doctors and mental health professionals usually must maintain the confidentiality of information disclosed to them by patients in the course of the doctor-patient relationship. With some exceptions codified in state and federal law, health professionals can be legally liable for breaching confidentiality. One exception springs from an effort to protect potential victims from a patient’s violent behavior. California courts imposed a legal duty on psychotherapists to warn third parties of patients’ threats to their safety in 1976 in Tarasoff v. The Regents of the University of California. This case triggered passage of “duty to warn” or “duty to protect” laws in almost every state as summarized in the map and, in more detail, in the chart below.

When did California impose a legal duty on psychotherapists?

California courts imposed a legal duty on psychotherapists to warn third parties of patients’ threats to their safety in 1976 in Tarasoff v. The Regents of the University of California.

Who is immune from failure to warn or protect from a patient's threatened or actual violent behavior?

June 2, 2000. Any physician, clinical psychologist, or qualified examiner is immune from failure to warn or protect from a patient's threatened or actual violent behavior except where the patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims.

When did psychologists not disclose to others?

Sept. 4, 1996. A psychologist or psychological associate may not reveal to another person a communication made to the psychologist or psychological associate by a client about a matter concerning which the client has employed the psychologist or psychological associate in a professional capacity.

Do mental health professionals have to disclose information?

Most states have laws that either require or permit mental health professionals to disclose information about patients who may become violent. Those laws are receiving increased attention following recent mass shootings, such as those in Aurora, Colo., and Newtown, Conn. A New York law enacted Jan. 15, 2013, moves that state's law from a permissive to a mandatory duty for mental health professionals to report when they believe patients may pose a danger to themselves or others but protects therapists from both civil and criminal liability for failure to report if they act "in good faith." New York's new law also allows law enforcement to remove firearms owned by patients reported to be likely to be dangerous. (Note: Please see chart below for update.)

When do therapists file a report?

In the case of suspected child abuse, therapists must file a report if they have “reasonable suspicion” about child abuse.

What happens if a therapist fails to take reasonable steps to protect the intended victim from harm?

“If a therapist fails to take reasonable steps to protect the intended victim from harm, he or she may be liable to the intended victim or his family if the patient acts on the threat ,” Reischer said.

What happens if a therapist violates the ethics of the state?

Therapists are held to very high ethical standards by their governing state board and a violation of those ethics could result in fines, loss of licensure, or even jail time , said Walwyn-Duqesnay. While each state has its own set of guidelines and regulations on what its mental health professionals are required to report, there are common themes that transcend across the country.

Who does Cinéas say has to step in and report a situation when vulnerable people are threatened?

Cinéas said a therapist may have to step in and report a situation when vulnerable people are threatened, which could include children, elderly individuals and those living with a disability.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

Can a therapist disclose a divorce?

Most situations will stay under wraps. For instance, Reed noted that even if a wife is cheating on her husband and they are going through a divorce, the therapist has no legal obligation whatsoever to disclose that information in court.

Should clients withhold anything from their therapist?

“Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach.

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).

What happens after a driver report is received?

After receiving a report about a driver, the DMV will conduct an initial safety risk assessment of the driver.

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 happens if the DMV determines that the driver does not pose a safety risk?

The DMV will then review the DME. If it determines that the driver does not pose a safety risk, it will take no further action.

Why is my driver's license suspended?

macular degeneration. These conditions are a common cause of driver’s license suspensions for elderly drivers. But drivers of all ages can be affected. Once the DMV receives a report from a physician regarding a driver’s inability to drive safely, it can take any of the following actions:

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.

Who must notify the impacted driver of its final decision?

The DMV must notify the impacted driver in writing of its final decision.