Law Enforcement Information Gathering in the Emergency Department

Revised and approved by the ACEP Board of Directors April 2010 

Originally approved by the ACEP Board of Directors September 2003 

The American College of Emergency Physicians (ACEP) believes that the physician-patient relationship requires that the confidentiality of protected health information be maintained. Emergency physicians should adhere to federal and state laws addressing privacy and confidentiality.

Except when legally required, information about a patient should not be released without permission from the patient or surrogate decision maker. When necessary, the presence of law enforcement or security officials without patient consent is appropriate to ensure the safety of patients and staff.

When law enforcement interactions with the patient include media recording devices (audio or visual), these recordings should not include any physician-patient or staff-patient communication or interactions without the consent of all parties.

Law enforcement activities should not interfere with patient care.