> The patient is a commercial truck driver who was operating a semi truck when the accident occurred. <
Ah, that’s a most interesting point! If (and that’s a big if) the driver falls under the federal law you referenced, then it was the cop’s responsibility to make that clear to the nurse.
If someone is to be arrested, that person has the right to know exactly what law he broke.
This was not an emergency situation. That cop’s order went against everything that nurse was trained to do. An explanation - including a call to her supervisor - would have gone a long way.
Unfortunately, the cop chose brute force instead.
“An explanation - including a call to her supervisor - would have gone a long way.”
She had a hospital Admin on the speaker phone telling the cop “you’re making a mistake” which the cop totally ignored.
Her supervisor was ON THE PHONE on speakerphone when the incident happened. He told the cops he was wrong, and he was making a mistake by threatening a nurse. Then the cop exploded.
You could say he was under stress - but that nurse worked in a burn unit - you think she not under stress all the time?
That guy is a dangerous guy. He has no business in that job.
Allegedly, the detective was following orders of his lieutenant back at the station, so it's the lieutenant who is ultimately responsible for this fiasco. What the lieutenant should have done is fax the relevant federal law to the hospital, and the hospital's lawyer, and THEN the detective could say "Under the federal statute you have in your hand, I have authority to demand a blood draw". The nurse could then comply without placing herself and the hospital under legal risk under HIPPA.