Cop arrests nurse for doing her job and following the law.

[SillieBazzillie]

What behavior is that? Im sorry you believe its okay to disobey a law enforcement order but as i posted above hipaa agrees with me. Whats hilarious in nearly everyone of these threads people like you come in and bash me yet i always turn out to be right. Its quite comical really

Your definition of a law enforcement order is any given by a cop, Sorry, doesn't always work that way. Having the badge doesn't make you completely omnipotent, although the way cops cover for each other it practically does.

[dhawkeye1980]

Your definition of a law enforcement order is any given by a cop, Sorry, doesn't always work that way. Having the badge doesn't make you completely omnipotent, although the way cops cover for each other it practically does.

So investigating a vehicular homicide is no longer a lawful order

Neat

Read up on hipaa there champ and educate yourself a bit. I posted it a few posts up

[SillieBazzillie]

Is that what i said? Pretty sure i said he should be fired/disciplined for escalating it. But that doesnt mean she is a hero for obstructing an investigation. Not to mention hipaa agrees with me that an investigative demand is enough to satisfy hipaa and that she should have documented it properly

But sadly cop hating is something ive come to expect from the misc, most of you simply jump on the medias nuts without even understanding the sitiation

lol at obstructing an investigation. By the way that guy talked and acted pretty sure he couldn't investigate his way out of a wet paper bag.

[Duckenheimer]

Deleted from the above:

" If you have any doubts about whether a formal law enforcement request meets the criteria for disclosure, then consult your supervisor or an attorney.

...
Required by Law: HIPAA accommodates state and federal laws that compel the disclosure of PHI to assist law enforcement. HIPAA does not permit disclosure of PHI to law enforcement officials when such disclosures are discretionary. HIPAA’s relationship to mandatory reporting for public health purposes, including reports of abuse or neglect, is discussed in the Consent section and the Mandatory and Discretionary Releases section of these guidelines.
Example: Intoxicated Drivers. ORS 676.260 permits, but does not require, reports to law enforcement agencies when, following a motor vehicle accident, health care facility personnel have blood test results indicating that an intoxicated person was driving an involved vehicle. Because the report is discretionary, the requirement of individual authorization would not be waived by HIPAA, and a voluntary disclosure by facility personnel would be illegal under the privacy rules."

She followed procedure properly. The only person between the two who obstructed and interfered with somebody's duties was the police officer.

Complying with mutually agreed on procedure between hospital/local law enforcement in the face of a groundless order is not obstructing anything valid - it's maintaining proper procedure in the face of procedure and duties been obstructed and interfered with by a power tripping cop.

[dhawkeye1980]

Deleted from the above:

" If you have any doubts about whether a formal law enforcement request meets the criteria for disclosure, then consult your supervisor or an attorney.

...
Required by Law: HIPAA accommodates state and federal laws that compel the disclosure of PHI to assist law enforcement. HIPAA does not permit disclosure of PHI to law enforcement officials when such disclosures are discretionary. HIPAA’s relationship to mandatory reporting for public health purposes, including reports of abuse or neglect, is discussed in the Consent section and the Mandatory and Discretionary Releases section of these guidelines.
Example: Intoxicated Drivers. ORS 676.260 permits, but does not require, reports to law enforcement agencies when, following a motor vehicle accident, health care facility personnel have blood test results indicating that an intoxicated person was driving an involved vehicle. Because the report is discretionary, the requirement of individual authorization would not be waived by HIPAA, and a voluntary disclosure by facility personnel would be illegal under the privacy rules."

She followed procedure properly. The only person between the two who obstructed and interfered with somebody's duties was the police officer.

Do you even understand what this section states? If a drunk driver walks into an ER, absent a lawful request they can not report it to law enforcement. The section i posted pertained to when PHI can be given to LEA and the HCP should at the very least document it absent a formal written request.

[Duckenheimer]

Do you even understand what this section states? If a drunk driver walks into an ER, absent a lawful request they can not report it to law enforcement. The section i posted pertained to when PHI can be given to LEA and the HCP should at the very least document it absent a formal written request.

I'd wager that they documented it quite thoroughly, especially given the video that they have. I do not see where or why there is any issue with this situation being insufficiently or improperly documented by thy hospital.

Really neither here nor there on the fact that she followed correct procedure, contacted her supervisor, received the correct answer and acted accordingly, in the face of the cop obstructing and interfering with her trying to follow procedure and do her job.

[SillieBazzillie]

The good thing is that the high education standards of a high school diploma that most LEOs have arms them well to understand the intricacies of American law.

[dhawkeye1980]

I'd wager that they documented it quite thoroughly, especially given the video that they have. I do not see where or why there is any issue with this situation being insufficiently or improperly documented by thy hospital.

Really neither here nor there on the fact that she followed correct procedure, contacted her supervisor, received the correct answer and acted accordingly, in the face of the cop obstructing and interfering with her trying to follow procedure and do her job.

As the section i posted stated, she had a legal request from a law enforcement agency. She was obligated to follow it as part of a criminal investigation. She could then make a complaint to hipaa if she felt it violated hipaa laws. The law enforcement aspect of hipaa was satisfied and her hospital would not have been held liable. She has no legal authority to deny a lawful investigation. Hipaa even states it is not necessary to have a warrant for it. If it was an unlawful blood draw that is up to the courts to determine, not a nurse.

[dhawkeye1980]

The good thing is that the high education standards of a high school diploma that most LEOs have arms them well to understand the intricacies of American law.

Yea its not like they receive 1000 hours of law enforcement training or anything.

[Dirtybiscuit]

You're oblivious to the particular events that are important to this situation. You are correct about everything as it is for a basic circumstance. This is not a basic circumstance. That is why your opinions on this will always be considered wrong in a court of law. And it is why everyone is arguing with you, because you are treating this without having the specific variables put into place.

In before your lack of awareness response.

[dhawkeye1980]

You're oblivious to the particular events that are important to this situation. You are correct about everything as it is for a basic circumstance. This is not a basic circumstance. That is why your opinions on this will always be considered wrong in a court of law. And it is why everyone is arguing with you, because you are treating this without having the specific variables put into place.

In before your lack of awareness response.

Exactly A COURT OF LAW, not a nurse in a hospital waiting room.

That is your lack of awareness

She has no legal authority to deny a lawful request.

All LEA hipaa regulations were met

If the blood draw was unlawful the courts determine it, not a nurse

[PSToolman]

Yea its not like they receive 1000 hours of law enforcement training or anything.

No offense to those present, but it doesn't seem like that's quite enough lately.

[dhawkeye1980]

No offense to those present, but it doesn't seem like that's quite enough lately.

Well ive posted about that topic as well, its not the actual context of the training its how its given. Police academies used to be tough and stressful to weed out who couldnt handle it. That is no longer the case as most depts have been sued into submission and there is no longer stress training.

[PSToolman]

Exactly A COURT OF LAW, not a nurse in a hospital waiting room.

That is your lack of awareness

She has no legal authority to deny a lawful request.

All LEA hipaa regulations were met

If the blood draw was unlawful the courts determine it, not a nurse

Just curious where she would stand if she did the draw and it was determined later to be unlawful. Also, why couldn't they have done the draw in the interest of time, but kept the sample until a warrant was issued?

[PSToolman]

Well ive posted about that topic as well, its not the actual context of the training its how its given. Police academies used to be tough and stressful to weed out who couldnt handle it. That is no longer the case as most depts have been sued into submission and there is no longer stress training.

There's also a lack of qualified recruits, which suggests training should be as extensive as possible.

[dhawkeye1980]

Just curious where she would stand if she did the draw and it was determined later to be unlawful. Also, why couldn't they have done the draw in the interest of time, but kept the sample until a warrant was issued?

The burdens on the cop not on the nurse

[Audioslave]

The good thing is that the high education standards of a high school diploma that most LEOs have arms them well to understand the intricacies of American law.

LEO enforce the law, lawyers know it. It's why a great lawyer makes a world of difference. I don't know much about this case, but it seems like the police didn't have probable cause, a warrant, or consent, so it seems pretty open and shut. Kudos to the nurse.

[tk217]

Wrongful arrest is all I am seeing here.

Hope she sues the **** out of them.

[PlanoLifter]

It wasnt his case to get a warrant on, as i said 2 wrongs dont make a right she had other avenues to file a formal complaint against the officer.

So if he was unable to get a warrant he should just go into bully mode to get what he wants? Because that's exactly what he did.

[z4v4]

So investigating a vehicular homicide is no longer a lawful order

Neat

Read up on hipaa there champ and educate yourself a bit. I posted it a few posts up

Wait... so some dude they're chasing at 100mph+ loses control of his car and plows into an 18-wheeler, and it's now a vehicular homicide investigation? There is no probable cause whatsoever that the trucker was impaired.

[Dave22reborn]

It's how the bad cops think. They put on the badge and are above the law suddenly.

It's really our fault as a nation for making the requirements to become a cop so low that virtually anyone with a pulse is qualified.

It's actually leftists like you that are pushing for lower standards in the name of fairness, diversity and equality.

[Fang2]

lol are there seriously people defending the cop here

[Dave22reborn]

No offense to those present, but it doesn't seem like that's quite enough lately.

So either raise the standards and be accused of racism, or lower them to promote fairness and diversity. Which will it be?

[Giant_Killer]

May I recommend not responding to clueless troll?

[z4v4]

So either raise the standards and be accused of racism, or lower them to promote fairness and diversity. Which will it be?

So what you're saying is that minorities are largely unable to meet higher standards and thus will cry racism? What does raising standards have to do with race?

[mr_moto_civic]

lol are there seriously people defending the cop here

Kind of reminds me of the James Fields fan club.

[PSToolman]

It's actually leftists like you that are pushing for lower standards in the name of fairness, diversity and equality.

I can't agree. There is a shortage of recruits. They have to lower their standards, but like I said up thread, they should increase training.

[PSToolman]

So either raise the standards and be accused of racism, or lower them to promote fairness and diversity. Which will it be?

False dichotomy.

[Dave22reborn]

So what you're saying is that minorities are largely unable to meet higher standards and thus will cry racism? What does raising standards have to do with race?

Ask the reverends, aldermen, and politicians who want to lower standards.

https://www.google.com/amp/chicago.s...dards-now/amp/

[Dave22reborn]

I can't agree. There is a shortage of recruits. They have to lower their standards, but like I said up thread, they should increase training.

Training in what? And the guy in the video wasn't new, he looked like he had plenty of years on the job.