Abuse, Neglect, Or Domestic Violence

Health information may be disclosed to a law enforcement officer if the victim of abuse, neglect, or domesti c violence agrees to the disclosure. (3-17-22) 01. Incapacity of Victim. If the victim is unable to agree because of incapacity, health information wil l be disclosed if the officer states: (3-17-22) a. That the information is not intended to be used against the victim; and (3-17-22) b. That immediate enforcement activity would be materially and adversely affected by waiting for th e victim’s agreement. (3-17-22) 02. Judgment of Professional Staff. The victim must be promptly informed that a report to la w enforcement has been or will be made unless in the judgment of professional staff: (3-17-22) a. Informing the victim would place them at risk of serious harm; or (3-17-22) b. The probable perpetrator of the abuse, neglect or domestic violence would be the recipient of th e report, and disclosure would not be in the victim’s best interest. (3-17-22)