Do You Have A Duty To Report ?

[crotchitymedic1986]

If you know for a fact that a crime has been committed, do you have to report it to the police in your state ? If you do not report it, could your license/certification be pulled ? Could you be held legally liable in a lawsuit if you do not report it ? Here are some scenarios:

1. You respond to band camp, to a 15 year old female who recently had sex with a boy of the same age. It was concentual sex, but something went wrong during or afterwards that scared her and made her report to the camp nurse (no reason to get graphic or perverted here, you pick your own reason). In your state, the age of consent is some age above 16, which she is not, so a crime has been committed. The camp nurse signs your refusal paperwork and you go back in service. Do you have an obligation to report this crime to the officials ? Do you have an obligation to notify the parents ?

2. You have an adult male who develops chest pain after using cocaine, you see the cocaine in his home. Do you have an obligation to let the police know that illegal drugs are in this home ?

[FireMedic65]

Yes and Yes

1. We MUST report if we suspect abuse, neglect, rape, etc etc. If we do not, we could be charged with a crime.

2. Fairly sure also must report suspected drug use and drugs being found. I would def report it. What if the patient says "he took my drugs" and I didn't report there were any? I don't need that headache.

[Just Plain Ruff]

Yes definately to number 1

No on number 2. I asked a local police officer and he said that it was completely up to me to report or not. I would definately document the drugs I saw on my run report.

[ERDoc]

Be careful what you report. Some things can become HIPAA violations. We recently consulted a lawyer due to concerns like this. The only things that we are required to report is child abuse and an assault involving a deadly weapon (knife, gun).

[crotchitymedic1986]

I could be wrong but I think HIPPA has specific language that excludes crime activity

[Fireguy181]

I would report number 1 to local authorities

Number 2 I would say No to reporting directly to the authorties. But documentation of what was seen is a must. And in our FPD running with an ALS Engine on every call has is benefits. I would report it to the Lieutenant for him to make the final decision. As far as Im concerned mandated reporting, atleast in IL, does not cover every illegal activities. Only those which shown abuse (ie. elder, and child abuse, physical).

Edited February 26, 2011 by Fireguy181

[island emt]

In the first scenario: Two 15 yo have consensual sex, the age of majority is above 16 yo.

NO there was no crime committed. She was not assaulted or forcibly raped. Doesn't mean it's going to give me warm feelings . but no crime : no foul; no mandatory reporting. If it wasn't consensual experimenting and coercion was used to accomplish the deed, different story.

In the second scenario:

There is not a Legal requirement for us to report illicit activity to the police.

However as it involved illegal substances being present , I would ask for PD response so that after we transport the "cocaine Heart attack" the drugs would

need to be be secured to avoid them being discovered by a child.

[Happiness]

#1 since the girl is underage I would have to report it to social services as it could be considered child abuse, years ago we were only required to make sure the DR was informed but they were finding that the Drs were not reporting child abuse.

#2 Nope I am not a cop and if I started to report this stuff to them then there is a possibility that people that do drugs will stop calling for an ambulance when they need one. But with that being said if a cop asked if I saw drugs in the house I would have comply with the request.

[usalsfyre]

#1. In Texas two minors engaging in consensual sexual activity is not a crime. Even if it is by local jurisdiction, it doesn't meet required reporting requirements under DSHS rules.

#2. Not only no, but he!! no. It's not my job to become involved in law enforcement functions (especially where the victim is themselves) unless I'm subpoenaed. Not to mention this will discourage the patient and possibly others from seeking medical attention when they need it in the future. Why would any healthcare provider report this?!?

[usalsfyre]

The more I think about I'm wondering in WHAT jurisdiction consensual sex between two minors is a crime and how officials think it's in any way enforceable....