Healthcare Staff Safety

Assault vs. HCW is a felony (since 2006)

Dr. Shah's law passed in 2022.

AB 1102 of 2017 provides whistleblower protections for unsafe conditions to hospital medical staff. AB 172 of 2015 would have increased battery punishment from 6 months to 12 but was vetoed.

2016 legislation made it a felony to assault an emergency medical worker. The Colorado Hospital Association is currently seeking an expansion of those penalties throughout the hospital. There may be concessions to the mental health advocates that need monitoring. Expect 2023 legislation.

Passed during the 2023 Legislation Session: HB 825 — Assault or Battery on Hospital Personnel.

The bill amends s. 784.07, F.S., to reclassify the degree of the offense whenever a person is charged with knowingly committing an assault or battery upon hospital personnel while the hospital personnel is engaged in the lawful performance of his or her duties.

Passed Violence Against Healthcare Workers legislation in 2023 session, HB 383 (aggravated assault vs HC worker on HC campus = 3–20 years imprisonment).

IL Healthcare Violence Prevention Act 2018 (Act 100-1051)

2014 Iowa code IA Code § 708.3A - making assault of a healthcare worker a crime.

HB 312 effective 8/1/22 Workplace violence relative to licensed HC facilities (felony to assault HCW, facilities must have plan in place).

The following bill is supported by MACEP. It contains compromise language relative to the penalty provisions that was negotiated late in the last session. It is expected to be passed in this session. HB2381/S.1538, an Act requiring health care facilities to develop and implement programs to prevent workplace violence (M. Moran/Lewis). Directs the Department of Public Health to develop statewide standards for addressing security risks at healthcare facilities; lists requirements for standards; mandates that healthcare facilities implement programs to minimize risks of workplace violence, which include employee training, and provide an annual report of statistics on workplace violence; adds section 187½ to GL Chapter 149 to permit healthcare facility employees who are victims of workplace violence to take a confidential leave from work; provides penalties for individuals who knowingly and intentionally interfere with the conduct of a healthcare facility; and orders the Executive Office of Health and Human Services to issue a report within twelve months of passage on recommendations for healthcare facilities to improve collaboration and communication amongst themselves.

HB 4520 & 4521, passed in 2023, signed on 12/6/23 by Governor. Increases criminal monetary penalties, requires signage warning patients to be posted in ED.

MNACEP supports SF# 4013 which would provide $10 million in mental health of providers. Also, 4013 provides workforce support and training for provider safety.

Penalties equal with LEO since 2013. Recently passed further protections.

Longstanding equivalence to LEO (felony II).

HCW violence is now a 3rd degree crime (aggravated assault with bodily harm) - matches LEO.

Varying degrees of misdemeanor to felony assault for violence against healthcare workers discharging their duties. Exception to law enacted in 2017 for “If, at the time of the alleged violation, a person accused of a violation of Subsections B through G of this section was suffering from a serious mental illness characterized by defective or lost contact with reality, often with hallucinations or delusions, the person has not committed a violation of Subsections B through G of this section.”

Passed Violence Against Healthcare Workers legislation in early 2024 with three requirements: hospitals must develop a risk assessment and safety plan, at least one law enforcement officer must be present, and the hospital must provide law enforcement training for officers and staff.

Ohio ACEP is excited to be working with bipartisan lawmakers Andrea White and Rachel Baker on HB 452 to address workplace safety for healthcare workers. HB 452 is being considered by the House Public Health Policy Committee. Highlights of the legislation include:

• Requiring hospitals to establish security plans for preventing workplace violence and managing aggressive behaviors. Healthcare workers who provide direct patient care will be part of the teams developing the plans. The plan must be based on a security risk assessment that specifically looks at high-risk areas, including the emergency departments.
• Requiring at least one employee trained in de-escalation be present at all times in the emergency department. The security plan will also address whether the emergency department needs a trained security/law enforcement officer on duty and what training those personnel shall have.
• Requiring hospitals to establish a workplace violence incident reporting system. This system will document, track, and analyze reporting data to inform improvements to workplace safety.

Bills to elevate HCW violence to a felony failed in 2015, 2017, 2021, 2022; 2023 because of concerns the law could be misapplied. OR-ACEP is working with OR-ENA and a coalition on policy bills for 2024 and 2025. OR-ACEP supported funding for community violence prevention programs.

Currently, per Rhode Island general law, it is a felony for assaulting a healthcare worker.

This has been a long and frustrating battle for us. We are one of only three states that have no enhanced penalties for assaulting a healthcare worker. We have been trying, for years, to address this.

We have one legislator that is staunchly opposed to any "carve outs" for special groups. Although we have met with him many times in the past, he won't budge. We're trying to find creative ways to get around him. 

At the recommendation of Congressman Joe Wilson's legislative aide (from our discussion about SAVE during LAC this year), we are trying to address this with the state's Attorney General Alan Wilson (Joe's son) and keep pushing forward.  

SB 1709/HB 1628 passed which increased penalties for violence against health care providers.

It's a third degree felony to assault emergency services personnel while they are providing emergency services.

Class A misdemeanor to assault or threaten HCW, Class 3 felony if it causes serious bodily harm. Since 2016 for ED staff, 2022 for any healthcare worker. Equivalent to LEO.

Supported legislation passed in 2020 to make violence against HCWs and EMS a felony.