In at least 32 states it is.  Below is an article and a link to it

Dana

Dana Sparhawk, MD, MPH, FACOEM| Director, Employee and Occupational Health Services|Clinical Assistant Professor, Alpert Medical School, Brown University| Human Resources |Lifespan

Tel: 401-444-7412 |Fax: 401-444-6310 |dsparhawk@lifespan.org |www.lifespan.org

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:

Is It a Felony to Hit or Assault a Nurse?

By Christopher Coble, Esq. on March 18, 2016 1:58 PM

Caring for those in need can be a dangerous proposition. According to one recent study, almost 80 percent of nurses reported they were attacked while on the job in the past year. And health care workers overall are subject to more workplace violence and missed more work due to workplace assaults than any other profession.

Assaulting anyone is a crime, but assaulting certain people can mean increased criminal charges and penalties. Do these protections apply to nurses?

Statutory Protections for Medical Professionals

As Lisa Wolf -- registered nurse and research director for the Emergency Nurses Association -- told Scientific American, "There is a top-to-bottom cultural assumption that violence is part of the job. It goes from the bedside up to the judicial system." And some states are trying to address the danger to nurses with specific statutes designating penalties for assaulting nurses.

A majority of states have criminal statutes specifically addressing assaults on emergency medical providers, and 32 (Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kentucky, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Washington, West Virginia, and Wisconsin) make it a felony to assault a health care worker or emergency medical personnel.

An Ounce of Prevention...

Additionally, seven states (California, Connecticut, Illinois, New Jersey, New York, Oregon, and Washington) require health care employers to implement workplace violence prevention programs. These training programs are aimed at nurses and medical staff, teaching them how to recognize and respond to potentially violent situations, hopefully deescalating dangerous assaults before they occur.

Any assault can become a felony under certain circumstances, and felony assault can be punished by long prison terms and hefty fines. Hopefully these laws can serve as another deterrent to people thinking about assaulting nurses. Scientific American also reported that over half the physical assaults on nurses go unreported. Maybe knowing there are enhanced penalties for perpetrators will encourage more nurses to come forward to protect themselves.

Related Resources:

· Nurses Face Rising Tide of Violence; It's Now a Felony to Assault a Nurse (Philadelphia Inquirer)

· Survey: Assaults on ER Nurses Rising (FindLaw's Law and Daily Life)

· Are Mental Hospital Attacks on the Rise? (FindLaw Blotter)

· Assault and Battery Overview (FindLaw)

- See more at: http://blogs.findlaw.com/blotter/2016/03/is-it-a-felony-to-hit-or-assault-a-nurse.html#sthash.ukR136HI.dpuf

http://blogs.findlaw.com/blotter/2016/03/is-it-a-felony-to-hit-or-assault-a-nurse.html

From: MCOH-EH [mailto:mcoh-eh-bounces@mylist.net] On Behalf Of Timothy Herrick
Sent: Wednesday, May 24, 2017 11:47 AM
To: MCOH/EH <mcoh-eh@mylist.net>
Cc: Laura Martin <martlaur@ohsu.edu>
Subject: Re: [MCOH-EH] prevention/reduction of violence to HCW's in ER's--does signage work?

WARNING: This email originated outside of Lifespan and our authorized business partners. USE CAUTION when clicking on links or attachments.

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please excuse my ignorance on this point but is violence against healthcare workers a felony in every state?

Dr Tim Herrick

OHSU

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From: MCOH-EH [mcoh-eh-bounces@mylist.net] on behalf of Philip Adamo [philipad1@gmail.com]
Sent: Wednesday, May 24, 2017 2:37 AM
To: MCOH/EH
Cc: Smith, Linda J
Subject: Re: [MCOH-EH] prevention/reduction of violence to HCW's in ER's--does signage work?

Hi dana

We are considering signage and the same issues arise. There also needs to be teeth with the sign and charges must be pressed if someone violates the policy/sign.  Hospitals and the team member who is injured are reluctant to do that.

Phil

On May 23, 2017, at 3:44 PM, Sparhawk, Dana P MD <dsparhawk@Lifespan.org> wrote:

Our Workforce Safety Committee is looking for ways to prevent some of the threatening behavior and violence to our front line staff, especially in our emergency rooms.  We have seen examples of signs that have been posted in other ER's stating that violence to health care workers is a felony, or a symbol such as a stop sign with discussions that violence or threatening behavior will not be tolerated.  Although many feel this is a tremendous idea and reflects concerns for employee safety, there are others who are reluctant as they see this as something that takes away from the patient/family friendly atmosphere one is trying to create in a waiting area.  

I am looking for other's experiences with such signage or messaging about violence to HCW's, or any evidence that this type of approach helps reduce such behavior.  

Thanks

Dana

Dana Sparhawk, MD, MPH, FACOEM| Director, Employee and Occupational Health Services|Clinical Assistant Professor, Alpert Medical School, Brown University| Human Resources |Lifespan

Tel: 401-444-7412 |Fax: 401-444-6310 |dsparhawk@lifespan.org |www.lifespan.org

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