Duty to report a crime?

O

omegaflux

Forum Ride Along
Messages
1
Reaction score
0
Points
0
I was hoping for some clarification and reasoning behind what exactly an EMT has to report to the police. I'm currently an EMT-Basic student and the teacher was talking about exceptions to HIPAA and things you are required to report, like domestic violence and child abuse. First off, let me say, I wholeheartedly agree with those situations and similar ones. When a question was raised about drug use, the teacher said you should tell the police if there is drug use in someone's residence. Now I don't use drugs, not even OTC for the headache I have right now. I do however have strong views regarding the "War On Drugs". His reasoning is we have to report "crimes". I have a bit of a problem with this. Underage consumption is, by definition, a crime. Am I required to call the cops if I pick up and intoxicated minor. Should they be taken from the hospital to jail? It is up to six months and $1,000 fine where I live. Since their parents will be contacted, isn't it more appropriate to let them decide their own child's punishment instead of allowing the government to overstep it's role and try to micro-manage society? Same with drugs. If I see some paraphernalia sitting out on someone's table and smell marijuana smoke am I required to call the cops because I was witness to a "crime" ? I got into this to respond to medical emergencies, not to become an agent of an unjust war against the citizens of this country, ie the War On Drugs. Won't reporting these things have a negative affect. If you respond to a college dorm to pick up some freshman who has alcohol poisoning and took some pain pills a friend gave them and then call the cops for underage consumption and drugs, won't word spread about that? That DOES NOT mean they won't drink and do drugs in the future. It DOES mean they will be more hesitant to call EMS for help when someone is ill if alcohol or drugs were involved for fear of legal repercussions, and possibly at the cost of life if they wait to long before seeking medical help. This outcome is in direct opposition, in my view, to the charge of EMS. SO, I would love to hear everyone's thoughts on the issue. For a frame of reference I live in Ohio if anyone is familiar with the state laws regarding this matter. Thanks in advance for any responses.
 
omegaflux said:
I was hoping for some clarification and reasoning behind what exactly an EMT has to report to the police. I'm currently an EMT-Basic student and the teacher was talking about exceptions to HIPAA and things you are required to report, like domestic violence and child abuse. First off, let me say, I wholeheartedly agree with those situations and similar ones.

When a question was raised about drug use, the teacher said you should tell the police if there is drug use in someone's residence. Now I don't use drugs, not even OTC for the headache I have right now.

I do however have strong views regarding the "War On Drugs". His reasoning is we have to report "crimes". I have a bit of a problem with this. Underage consumption is, by definition, a crime. Am I required to call the cops if I pick up and intoxicated minor. Should they be taken from the hospital to jail? It is up to six months and $1,000 fine where I live. Since their parents will be contacted, isn't it more appropriate to let them decide their own child's punishment instead of allowing the government to overstep it's role and try to micro-manage society?

Same with drugs. If I see some paraphernalia sitting out on someone's table and smell marijuana smoke am I required to call the cops because I was witness to a "crime" ? I got into this to respond to medical emergencies, not to become an agent of an unjust war against the citizens of this country, ie the War On Drugs. Won't reporting these things have a negative affect.

If you respond to a college dorm to pick up some freshman who has alcohol poisoning and took some pain pills a friend gave them and then call the cops for underage consumption and drugs, won't word spread about that? That DOES NOT mean they won't drink and do drugs in the future. It DOES mean they will be more hesitant to call EMS for help when someone is ill if alcohol or drugs were involved for fear of legal repercussions, and possibly at the cost of life if they wait to long before seeking medical help. This outcome is in direct opposition, in my view, to the charge of EMS.

SO, I would love to hear everyone's thoughts on the issue. For a frame of reference I live in Ohio if anyone is familiar with the state laws regarding this matter. Thanks in advance for any responses.
Click to expand...

Well the underage thing would be covered by the hospital when their parent come to pick them up.

Possesion of paraphernalia is not a crime here, would you be sure the smoke was related to the pt and no other?

Again the drink would be covered by the hosp.

Now I'm from a different country, with a different legal and moral system, so next time you are at work/placement ask the question on what the norm is. Might be an idea to ask a cop in an informal setting and get their views on what they will do if you call them.
 
It's wholly a matter for state law. There are things that medical staff are required to report to the police and/or state health authorities - gunshot wounds, child abuse, certain contageous diseases. If police are investigating, they will likely have access to medical records for law enforcement purposes. Beyond what the state orders you to report, however, you are under no obligation to call the police.

I'm not licensed in Ohio, so I won't comment on their laws. Read the statutes, or talk to a lawyer in your area.
 
EMSLaw said:
It's wholly a matter for state law. There are things that medical staff are required to report to the police and/or state health authorities - gunshot wounds, child abuse, certain contageous diseases. If police are investigating, they will likely have access to medical records for law enforcement purposes. Beyond what the state orders you to report, however, you are under no obligation to call the police.

I'm not licensed in Ohio, so I won't comment on their laws. Read the statutes, or talk to a lawyer in your area.
Click to expand...

Not just children get abused. ;)

Things such as parental abuse (child abusing mother/father) and elderly abuse are seemingly an uncommon topic, even though both are still quite common incidents.
 
If it's not in your companies procedures, then use your own judgement, while abiding by the law, i.e. not going "Hey copper, he's drunk and he said he had a crack pipe under his car seat".
 
omegaflux said:
I was hoping for some clarification and reasoning behind what exactly an EMT has to report to the police. I'm currently an EMT-Basic student and the teacher was talking about exceptions to HIPAA and things you are required to report, like domestic violence and child abuse. First off, let me say, I wholeheartedly agree with those situations and similar ones. When a question was raised about drug use, the teacher said you should tell the police if there is drug use in someone's residence. Now I don't use drugs, not even OTC for the headache I have right now. I do however have strong views regarding the "War On Drugs". His reasoning is we have to report "crimes". I have a bit of a problem with this. Underage consumption is, by definition, a crime. Am I required to call the cops if I pick up and intoxicated minor. Should they be taken from the hospital to jail? It is up to six months and $1,000 fine where I live. Since their parents will be contacted, isn't it more appropriate to let them decide their own child's punishment instead of allowing the government to overstep it's role and try to micro-manage society? Same with drugs. If I see some paraphernalia sitting out on someone's table and smell marijuana smoke am I required to call the cops because I was witness to a "crime" ? I got into this to respond to medical emergencies, not to become an agent of an unjust war against the citizens of this country, ie the War On Drugs. Won't reporting these things have a negative affect. If you respond to a college dorm to pick up some freshman who has alcohol poisoning and took some pain pills a friend gave them and then call the cops for underage consumption and drugs, won't word spread about that? That DOES NOT mean they won't drink and do drugs in the future. It DOES mean they will be more hesitant to call EMS for help when someone is ill if alcohol or drugs were involved for fear of legal repercussions, and possibly at the cost of life if they wait to long before seeking medical help. This outcome is in direct opposition, in my view, to the charge of EMS. SO, I would love to hear everyone's thoughts on the issue. For a frame of reference I live in Ohio if anyone is familiar with the state laws regarding this matter. Thanks in advance for any responses.
Click to expand...

Your instructor is a goof!
 
We're not police officers. Your state WILL have a list of required things to report to the police/hospital. In my state I'm required to report: Suspected Abuse (child/domestic/elderly), rape, GSW, dog bites, and one other I can't remember right at this point. Anything else and I'm ignoring it. I also don't report this to the police directly, I report to the ER attending and they in turn are responsible for contacting their appropriate people.
 
As EMSLaw said, what you're mandated to report varies with state law. Typically these things will be made aware to you over the course of your program. Usually, however, the only things healthcare providers are mandated to report are cases of child & elder abuse/neglect, sexual assault, things of that nature. Obviously if you see a crime in progress then, yeah you should probably notify law enforcement; but, for things like responding to calls and the patient has drug paraphernalia or is an intoxicated minor etc. etc. that's not typically something you have to report to anyone.
 
generally speaking... if its illegal drugs use or alcohol to a minor... and LEO isn't on scene... thats it... end of story... no reason for LEO to get involved. however... if its a huge frat party and LEO shows up... its a different story.

I kinda have some personal advice on this matter so PM me for details.
 
You must log in or register to reply here.
Back
Top