OFFICER SUSPENDED AFTER EVIDENCE FLUSHED

A Greenville police officer has been suspended without pay for three
days after evidence was flushed down a toilet, Chief Willie Johnson
told The Greenville News Wednesday. Johnson said the officer violated
the department's policy on handling evidence when in March he flushed
a small amount of a green, leafy substance suspected of being
marijuana down the toilet while moonlighting at Greenville Memorial
Hospital, Johnson said.

While the officer erred by not placing the substance into evidence,
Johnson said a confusing federal law contributed to the problem. The
Health Insurance Portability and Accountability Act of 1996, known as
HIPAA, carries hefty fines for agencies violating patients' privacy.

Alonzo Smith, director of emergency medical services for Department of
Health and Environmental Control, said that while they haven't
received complaints from law enforcement about the law, it's bound to
be confusing at times.

"There's always some gray area when something would come up regarding
transport, patient care and confidentiality issues," Smith said.

The substance was given to the off-duty officer by a Greenville County
EMS employee, who had taken it off a patient involved in a car wreck,
Johnson said. The officer didn't know where the substance came from or
that it was part of a Highway Patrol investigation until after a
trooper inquired about it, he said.

Johnson declined to release the officer's name.

"Our officer, not knowing the circumstances at the time, flushed it,"
Johnson said.

Officers are no longer getting information from hospital employees
about patients who may have illegal substances on them, he said. Prior
to the law, the officer would have been told who the substance
belonged to, Johnson said.

"It has created great confusion on what can be told and what can't be
said as it relates to a patient," he said of the law. "I can see where
this officer got confused."

Smith said that in his opinion, a paramedic can tell an officer about
finding drugs on a patient without violating HIPAA.

"It's not dealing with patient records and that sort of thing," Smith
said. "I don't see why he can't identify where that came from. That
does not involve HIPAA, in my opinion."

Johnson said the intent of the law - to protect patients' privacy -
was well-received but it has created hurdles for law
enforcement.

"It does not stop our ability to conduct investigations but it creates
another hurdle for our officers to get over or around," Johnson said.

The chief said this incident makes it clear that officers need more
training about HIPAA. He said he also plans to meet with hospital
officials to clarify any confusion.

Sid Gaulden, a spokesman for the state Department of Public Safety,
declined to comment on the incident, other than to say the Highway
Patrol is internally investigating its involvement.