Healthcare Providers & Law Enforcement
If you are a healthcare provider working in reproductive care, it's crucial to understand your rights when interacting with law enforcement. Here's what you need to know:
1. You Do Not Have to Answer Law Enforcement Questions
You have a constitutional right to remain silent.
You cannot be punished for refusing to answer questions.
Always speak with a lawyer before agreeing to any interview or answering questions.
Anything you say can be used against you — or your patient — in criminal, civil, or administrative proceedings.
2. How to Get Legal Help Quickly
If you’re approached by law enforcement or contacted by a licensing board about a criminal or civil investigation related to reproductive care, don’t do it alone.
For legal support, contact the ACLU’s Abortion Criminal Defense Initiative or the Abortion Defense Network for expert legal assistance.
3. What to Say if You Are Questioned
You can respond with:
"I want to speak to my attorney before answering any questions," or
"I will not be answering any questions without my attorney present."
Always ask for the officer’s name, agency, and contact information — and provide it to your lawyer.
Avoid discussing the situation with anyone besides your attorney (including by text, email, or social media).
4. Law Enforcement Entry into Medical Spaces
Law enforcement can only enter public areas of your workplace (like the waiting room) without a warrant.
To enter private areas (exam rooms, offices), they must have:
A valid search warrant, or
Your explicit consent (which you can refuse).
If they insist on entering, clearly object but do not physically interfere.
5. Handling Demands for Documents, Videos, or Electronic Records
You do not have to turn over documents or records unless law enforcement has a valid court order.
Turning over patient records without a court order may violate HIPAA and state privacy laws.
If officers have a warrant:
Ask for a copy.
Do not assist with the search (e.g., unlocking cabinets or identifying documents).
Contact your lawyer immediately.
6. If You Receive a Subpoena
Contact your attorney right away.
A lawyer may be able to challenge (quash) or narrow the subpoena.
Even if you must comply, you may still assert protections, like the right against self-incrimination or patient confidentiality.
If You Need Help
Contact:
This information is based on guidance from the ACLU’s Know Your Rights Initiative. It is for educational purposes only and is not a substitute for legal advice.
