Legal Question in Health Care Law in Idaho

Emergency Room and Prisoners

If a police officer brings a prisoner to the ER on the way to jail because prisoner has complained of a sore knee, can the officer ask the ER doc to order a blood alchohol level? The MD doesn't believe there is a medical need. Part 2, may the officer without permission from the prisoner look at any information on the medical chart? Thank you. Vicki


Asked on 9/09/06, 8:49 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Emergency Room and Prisoners

The physician is the only person who can order or authorize a blood test for alcohol, and his clinical judgment trumps the judgment of hte officer, unless your state has a law that mandates the hospital to provide such services when requested by police officers. Generally speaking, a person has to consent to such testing.

If a police officer, without authorization, reads the medical records, that is a violation of HIPAA and should be reported.

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Answered on 9/11/06, 9:45 am


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