Bail Enforcment Agents, The Combative PT and Confidentiality

[Christopher.Collins]

So I was wondering, as I continue to see more and more bail enforcement companies and agents in my area. Just how does HIPAA apply with them?

If I get called by PD for a combative suspect I can choose to have them come on board the ambulance or follow me in their vehicle. But Bail Enforcement Agents are not sworn officers of the law and do not "arrest" a suspect, therfore if I am ever called to treat a suspect they are taking into custody... do I contact PD if needed or can they legally be in the ambulance?

[Just Plain Ruff]

yes yes yes yes yes CALL PD on this one. and there is no reason that a bail enforcement agent is going to get in my ambulance. PD is gonna be there. No matter how mad it makes Dog The Bounty Hunter.

[Richard B the EMT]

Unless the individual is known by me to be a LEO (as in a "plainclothes" detective), is a uniformed LEO, or is vouched for as a LEO by a uniformed LEO, sorry, you ain't gettin' into my ambulance! Sorry, Mr Chapman.

Actually, I'll ask the NYPD, the NY State Police, the NY State DoH, and post their responses.

[jmp6753]

Always call for PD! Bail Agents have a very limited scope of ability. They are not covered by state or federal law to detain a person especially one in an ambulance and may require a Police hold. As far as HIPPA is concered, they are not law enforcment and are not entitled to that information for investigation. I will not ever let them in the back of my rig and I only trust Police that I know...

[Richard B the EMT]

The following is addressed to the New York State DoH, and the NY State Police:

To whom it may concern:

A question came up on an EMS related web site/bulletin board, of which I am a member. We in the Emergency Medical Services System extend any and all courtesies possible to Law Enforcement Officers (LEOs), for both requesting them to ride or follow the ambulances if the crews feel threatened by a patient, or have them escort one of their prisoners to the hospitals aboard our ambulances, as well as other interactions between EMS and LEO.

The question mentioned was, what about "Bail Enforcement Agents", perhaps more commonly known as "Bounty Hunters"? Due to patient confidentiality rules, and other policies, we are not supposed to allow anyone other than family, friends, or duly authorized LEOs, to accompany a patient.

To the best of my knowledge, despite the Bail Enforcement Agents having firearms (and hopefully, the permits for same), some wearing uniforms, or at least so-called "Raid Vests", they are not sworn officers, either Police or Peace Officer status.

If they (the Bail Enforcement Agents) have an individual "in custody", and said individual requires our skilled help, what are the policies that we in EMS are to follow concerning these "Agents"? Are they allowed to ride with their "prisoner"? Or, do we contact the local LEOs to accompany the patient?

It is my intent to publish your response on the EMS web site, without editing anything out.

Thank you in advance for any help your agency can give me, and the web site.

Respectfully,

Richard B

(Address and real name edited out for publication on EMT City, for MY privacy.

[Lone Star]

Leave it to Richard to ask the 'cool questions'!

Please keep us advised of their response?

LS

[Richard B the EMT]

Someone else asked, I just took it to what I felt was the next logical step.

I guess that makes at least 2 of us, and actually includes any and all who follow this string.

[Lone Star]

Might be interesting to see how the State of New York sidesteps this issue....lol

I would imagine that the only 'acceptable option' would be to have the bail bondsman ride in the cab with the driver. This way he's not really able to overhear the 'medical stuff' between provider and patient, but still able to come to your defense in case the patient gets out of line...

There might be a closer look into what authority a bondsman actually has, (at least for the apprehension of the absconder), then compare that actual authority to that of a peace officer. For example, if both the peace officer and the bondsman are authorized to have what is known as 'direct arrest authority', then there should be no problems letting the bondsman accompany the patient as in the same capacity as a peace officer.

If the bondsman has no more authority than, say a security officer/guard; then the closest they can get to going with the patient is to follow behind the unit as the patient is transported. Either that, or have the bondsman contact local law enforcement agency to see if the custody of the patient can be monitored by the law enforcement officer until the bondman can 'reclaim' the prisoner.

I'm sure this is about as clear as mud right about now.......

[AnthonyM83]

I think it comes down to whether the patient is in their custody or not.

Someone said they have limited powers to detain, but how limited or unlimited doesn't much matter, as long as that person at that time is detained by them for whatever reason. If they take that too far, then it's on them. Having said that I would still call PD to make sure they are legit!!!...but as far as privacy, I don't think it's violating it b/c they're in custody.

[Richard B the EMT]

OK, folks, the New York State Police, in an unsigned response to my letter, has sent the following (side-stepping) statement:

Bail enforcement agents" are not police or peace officers. They are licensed by the NYS Department of State, just like private investigators, and DOS promulgates regulations governing their actions. See: http://www.dos.state.ny.us/lcns/lawbooks/pibeawgpa.html

The policies you follow typically are established on your end, not by the police. The police do not regulate; they enforce the laws that exist, and there is no law that we are aware of that specifically governs the situation you described.

The police typically could intervene if an incident of the type you described becomes a matter of ensuring or protecting public safety. Contacting the police and requesting them to assist you at the scene while you perform your services, and to maintain order and ensure the safety of all concerned is always a good option. But ultimately, your policies dictating what you should or should not do are up to you. If you have not formulated or established such policies, we recommend that you do so in consultation with your own departmental legal, administrative and policy-making experts.

Anybody know which state, if any, "Dog" Chapman is "regulated" either in or by? We all know that it sure is none of the states of Mexico!

If and when the New York State Department of Health responds, that will also be included.