I was wondering if anyone in Wisconsin is familiar with this statute, and if so how do you manage to do this and still observe HIPAA regulations on confidentiality?
940.34(1)(b)
(b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6).
940.34(1)(c)
(c) Whoever violates sub. (2) (c) is guilty of a Class C misdemeanor.
940.34(2)
(2)
940.34(2)(a)
(a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
940.34(2)(b)
(b) Any person licensed as a private detective or granted a private security permit under s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief
940.34(2)(c)
(c)
940.34(2)(c)1.
1. In this paragraph, "unlicensed private security person" means a private security person, as defined in s. 440.26 (1m) (h), who is exempt from the permit and licensure requirements of s. 440.26.
940.34(2)(c)2.
2. Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
I have brought this up to our legal department, but they seem to be ignoring it, I am mostly concerned about our Officers liability in situations where a patient has committed a crime. At this point our policies severely hogtie us in notifying the police of anything involving a patient. Case in point, our current policies dictate that any drugs found on patients are to destroyed and police are not to be notified. We had to fight with administration just to be able to destroy, until recently they said that because the drugs are the patient’s property we should keep them for the patient and return them to them when they are discharged.
Does anyone else in Wisconsin, or from any other state that has a similar statute, have any input on how to go about reconciling this and HIPAA?
940.34(1)(b)
(b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6).
940.34(1)(c)
(c) Whoever violates sub. (2) (c) is guilty of a Class C misdemeanor.
940.34(2)
(2)
940.34(2)(a)
(a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
940.34(2)(b)
(b) Any person licensed as a private detective or granted a private security permit under s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief
940.34(2)(c)
(c)
940.34(2)(c)1.
1. In this paragraph, "unlicensed private security person" means a private security person, as defined in s. 440.26 (1m) (h), who is exempt from the permit and licensure requirements of s. 440.26.
940.34(2)(c)2.
2. Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
I have brought this up to our legal department, but they seem to be ignoring it, I am mostly concerned about our Officers liability in situations where a patient has committed a crime. At this point our policies severely hogtie us in notifying the police of anything involving a patient. Case in point, our current policies dictate that any drugs found on patients are to destroyed and police are not to be notified. We had to fight with administration just to be able to destroy, until recently they said that because the drugs are the patient’s property we should keep them for the patient and return them to them when they are discharged.
Does anyone else in Wisconsin, or from any other state that has a similar statute, have any input on how to go about reconciling this and HIPAA?
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