“Legal tenets uphold that when police arrest an individual who happens to be transported to a hospital for medical care, custodial rights must not be waived.”
University of Utah Hospital imposed restrictions on police officers after recently-released viral video portrayed a Salt Lake City police detective abruptly scooping-up and arresting a head nurse on July 26, 2017. Within 20 minutes of being cuffed and stuffed in the back seat of an unmarked Salt Lake City police vehicle, nurse Wubbels was un-arrested outside the ER doors. That was the beginning of what continues today.
The advent of viral videos circulating on social media spiked recently when a Salt Lake City police detective miscalculated his authority, negated patient rights and legal parameters, and unleashed fury on a charge nurse following a prescribed hospital/police covenant governing precisely the impasse in question. That viral video is still disseminating, and plenty of usable lessons are there from which to grow.
University of Utah Hospital nurse Alex Wubbels was responsibly protecting one of her patient’s rights when Detective Jeff Payne ordered her to draw blood from an unconscious patient. The patient was not under arrest and was in the hospital burn unit in a comatose state of existence. Det. Payne had neither patient consent nor a warrant, so Wubbels repeatedly reminded Payne of the required protocols authorizing a blood draw sample. Wubbels dutifully declined Det. Payne’s order after which she was promptly arrested.
That detective was razor-sharp wrong. Not much debate about that. But to cast a spell and ward-away cops from interacting with nurses in the course of legitimate duty is counter-intuitive. It comes off as making a statement…and that statement has already been made by the inexplicable police actions of Detective Payne. Taking steps is necessary. So is stepping in the correct direction.
Restricting Police
On September 4, University of Utah CEO Gordon Crabtree spoke to media, announcing that effective immediately, law enforcement officials are banned from patient-care areas. The policy alteration places a divide between police and nursing staff under the their title “Interface protocols.”
Reportedly, this includes its own police force associated with and employed by the University of Utah who, because of the Utah public university embodiment, are certified state law enforcement officials.
I know of no one who is not taken aback by what transpired on July 26, 2017 between Salt Lake City police Detective Jeff Payne and Nurse Alex Wubbels. However, I do see problems with the hospital standing ground and implementing seemingly punitive measures serving counter-productively.
Chief nursing officer Margaret Pearce also spoke at the press conference, saying “I was appalled about the event” and “we interact with police officers all the time.” Pearce spoke those words after citing how often her staff deal with “difficult patients that we care for.”
Some of those “difficult patients” are under arrest and raising cane in the ER; that is why hospitals have security officers standby to subdue unruliness…while police are legally positioned to administer justice and officiate criminal charges. Cops are there for hospital personnel, too, despite the contrary incident engendered by Det. Payne.
Calling it a “very simple plan,” Pearce declared nurses will no longer “interact with law enforcement” and that House supervisors will fill that role. That implies law enforcement will be on hospital premises. It registers unrealistic that cops and nurses will look away from each other in an institution designed to help.
Moreover, there are inherent complications imposed by UoU Hospital’s restrictions. Legal tenets uphold that when police arrest an individual who happens to be transported to a hospital for medical care, custodial rights must not be waived. Therefore, no hospital or any of its personnel can bar any law enforcement officer from carrying out his/her custodial duty. We are once again back to obstruction of justice principles, only legitimately this time. Eyes- and hands-on regarding any person in police custody must be continuous and adhere to chain-of-evidence and legal custodial protocols.
And, no, hospital security staff cannot be a stand-in for bona fide police officers; that would sever the legal chain of control. An example would be an ornery, combative arrestee whose behavior involves battering hospital staff or anyone else. Yes, a security officer can help quell the tirade, but a police officer is the figure to legally abate the unrest and officially impose criminal charges.
CEO Crabtree said “it is imperative that we work together with law enforcement.” In essence, the hospital’s new restrictions corralling police personnel is a step in the arena of tension and divisiveness, precisely what they are arguing against.
As the University’s medical director of the burn unit, Dr. Steve Morris said “obviously we interact with law enforcement fairly regularly” and noted how the hospital has a “safety circle” provided by university police and hospital security. “I do believe we can go forward,” Dr. Morris said in his summation.
There is a reason hospitals have “Reserved for Law Enforcement” signs erected in their parking lots. Cops are almost as common in hospital settings as doctors and nurses. The implication is clear, despite what was caused by Det. Payne in July 2017. Police presence is a requisite ingredient at hospitals, and that is why many medical institutions have a cop on-duty in the ER on a 24/7-basis.
Irony
The irony of it all is that William Gray, the patient from whom Det. Payne sought a blood sample, is a full-time truck driver who is also a reserve police officer serving among the ranks of the Rigby Police Department in Idaho.
Regarding this incident and its ongoing fallout, the Rigby police administration weighed-in and placed support in the corner of nurse Wubbels while also underscoring the need for a comprehensive examination of why such an incident occurred. As is customary, Salt Lake City police administration launched an investigation being conducted by its Internal Affairs unit. As well, the Salt Lake City district attorney is reportedly considering an independent criminal investigation into the event and the two law enforcers involved: Det. Payne and his lieutenant, James Tracy, who allegedly authorized the arrest of nurse Wubbels.
Rigby police issued a statement, saying, “The Rigby Police Department would like to thank the nurse involved and hospital staff for standing firm, and protecting Officer Gray’s rights as a patient and victim. Protecting the rights of others is truly a heroic act. ”
I wonder what Reserve Officer William Gray thinks of this incident, both as a patient and as a policeman.
Hospital CEO Crabtree labeled nurse Wubbels an “Olympic-sized hero” for her courageous actions, integrity, and responsibility to her patients. Crabtree also said nurse Wubbles was placed in “an unfair and unwarranted position.” I concur with his words–she was. I also believe their restrictions are unfair and unwarranted, and that civil accord among the majority ought not be stifled because of the uncivil discord of a minority of two law enforcement officials who erred.
