A Prescription for Information Sharing Between Law Enforcement and the Medical Community to Improve Threat Assessments

Abstract

Medical practitioners may have information that could be used to determine whether an individual poses a violent threat to the community. However, legal and cultural barriers often prevent information sharing between the medical field and law enforcement. This thesis examines the impact of laws and regulations such as HIPAA, FERPA, 42 CFR Part 2, and state duty-to-warn laws, and recommends a legal analysis of these laws to determine whether modifications are necessary. It suggests that states could enact individual laws that mandate information sharing between the medical community and law enforcement for the purposes of threat assessment, which would then allow release of the information under HIPAA and 42 CFR Part 2. It also suggests training for both law enforcement and the medical community to ensure they understand how to apply these laws, as well as joint exercises to enhance collaboration and trust.

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Document Details

Document Type
Technical Report
Publication Date
Sep 01, 2018
Accession Number
AD1065521

Entities

People

  • Amy L. Thibault

Organizations

  • Naval Postgraduate School

Tags

DTIC Thesaurus Topics

  • Congress
  • Correctional Facilities
  • Criminal Justice System
  • Ethnic Groups
  • Health Services
  • Information Exchange
  • Law
  • Law Enforcement
  • Medical Personnel
  • Psychology
  • Public Health
  • Public Policy
  • Social Psychology
  • Societies
  • Teamwork
  • United States Government
  • Urban Areas

Readers

  • Criminal Law
  • Cybersecurity.
  • Trauma or Military Medicine