In their interactions with ED patients, law enforcement officers may use video or audio recording devices. These recordings may include interaction or communication between ED patients and physicians or other ED staff only with the consent of all parties.

Law enforcement information gathering activities in the ED should not interfere with essential patient care.

Dr. Marco is associate editor of ACEP Now.

Dr. Baker is professor of medical ethics at the University of Toledo College of Medicine and Life Sciences, Toledo, Ohio.

References

1. Simon JR, Derse AR, Marco CA, Allen N, Baker E. Law enforcement gathering in the emergency department: Legal and ethical background and practical approaches. J Amer Coll Emerg Phys – Open. 2023;4(2).
2. American College of Emergency Physicians. Law Enforcement Information Gathering in the Emergency Department. Dallas, Texas: ACEP, 2017. Available at https://www.acep.org/globalassets/new-pdfs/policy-statements/law.enforcement.information.gathering.in.ed.pdf. Accessed March 13, 2023.
3. Baker EF, Moskop JC, Geiderman JM, Iserson KV, Marco CA, Derse AR. Law enforcement and emergency medicine: an ethical analysis. Ann Emerg Med. 2016;68:599-607.
4. Hippocratic Oath. Available at: https://www.nlm.nih.gov/hmd/greek/greek_oath.html. Accessed 12/18/2022.
5. Office of the Assistant Secretary for Planning and Evaluation. Health insurance portability and accountability act of 1996. HHS website. https://aspe.hhs.gov/report/health-insurance-portability-and-accountability-act-1996/. Published August 20, 1996. Accessed March 13, 2023.
6. Geiderman J, Marco CA. Mandatory and permissive reporting laws: obligations, challenges, moral dilemmas and opportunities. JACEP Open. 2020;1:38-45.