HOUSE OF REPRESENTATIVES

H.B. NO.

1906

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health care workers.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The rates of assault and violence against health care workers in Hawaii are rising.  A 2017 survey of hospitals, nursing homes, and home health care agencies, found a record number of one thousand seventy-five incidents of assault against workers in those establishments and home health care workers in patients' homes.  In thirty-nine per cent of those cases, the local police department was contacted, with the remainder being handled by the establishment's security department.

The average costs incurred by hospitals for incidents relating to violence against their health care workers amounted to $258,000 per year.  These costs include worker’s compensation benefits costs, direct medical expenses, time off from work for recovery, and absenteeism costs.  However, it is likely that this cost estimate is vastly underreported, in large part because of the difficulty in tracking the full costs for each individual who faced violence in the workplace and for their family.  The American Hospital Association found that hospitals nationally spend $4,700,000,000 a year to provide security at their facilities.  According to the American Hospital Association report, hospitals also spend annually:

     (1)  $175,000,000 training health care staff in violence prevention and de-escalation;

     (2)  $98,000,000 developing a violence prevention plan;

     (3)  $42,000,000 on medical care and compensation for lost wages; and

     (4)  $91,000,000 in disability and absenteeism costs.

These amounts for annual costs do not include or account for the financial and emotional toll that assaults take on the individuals impacted and on the family members of these employees.

Between 2005 and 2014, reported rates of workplace violence in private hospitals increased by one hundred ten per cent nationally.  A 2014 study found that seventy-six per cent of nurses were subject to violence or abuse over the course of a year.  The same study found that, of the nurses who experienced violence or abuse in a year, most faced verbal abuse.  However, almost a quarter of that group faced physical violence.

Being subjected to violence or abuse does not only affect nurses.  Health care professionals, including physicians, physician assistants, allied health professionals, aides, home health care workers, and even volunteers, are at risk of violence from patients and visitors.  According to the Bureau of Labor Statistics, the rates of nonfatal workplace violence against health care workers are from five to ten times higher than for workers overall.  The rate of nonfatal workplace violence against all workers was 2.8 incidents per ten thousand workers.  For hospital workers, the rate was 14.7 incidents per ten thousand workers and for nursing and residential workers, the rate was an astonishing 35.3 incidents per ten thousand workers.

Like other existing protected classes, health care workers are particularly vulnerable to attack.  Hospitals, nursing homes, and other facilities are generally public spaces where almost anyone can enter.  Home health care workers and case managers are particularly at-risk because they typically enter a patient’s home without backup or security of any kind.  The lack of current protections for health care workers exposed to abuse and violence is having a debilitating impact on health care workers.  Providing sufficient protections in the law will help to improve the morale of the health care workforce and retain health care workers in an employment sector that is experiencing shortages due to a very competitive labor market.

Ensuring the safety of the health care workforce is not only important for employees, but also important for everyone who needs the services of the health care workforce.  Any facility, institution, or health care setting should be a safe environment for everyone in the community, patients, visitors, and health care workers alike.

     All health care workers should be included in the protections currently afforded to other workers who are vulnerable to attack, not just those in the emergency room.  Currently, the charge for assaulting a health care worker in Hawaii is a misdemeanor, which often means that perpetrators do not receive a satisfactory penalty, if any at all.  If the potential charge is a felony, then attacks against health care workers will be taken more seriously.  Classifying attacks on health care workers as assault in the second degree will bring parity under the law for this vulnerable class and protect all health care workers as emergency service workers are protected.

     The legislature finds that extending protections for health care workers is in the best interest of the community, and will assist in retaining needed health care professionals and provide needed protections for vulnerable employees.  Further, by including health care workers in the current statute relating to the offense of assault in the second degree, ensures that only those individuals who are capable of forming an intent to cause substantial bodily injury to a health care worker are included.  Notably, eight other states consider assault against any healthcare worker a felony.

     SECTION 2.  Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "§707-711  Assault in the second degree.  (1)  A person commits the offense of assault in the second degree if:

     (a)  The person intentionally, knowingly, or recklessly causes substantial bodily injury to another;

     (b)  The person recklessly causes serious bodily injury to another;

     (c)  The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

     (d)  The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;

     (e)  The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility.  For the purposes of this paragraph, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;

     (f)  The person intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty.  For the purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

     (g)  The person intentionally or knowingly causes bodily injury to a person employed at a state-operated or ‑contracted mental health facility.  For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;

     (h)  The person intentionally or knowingly causes bodily injury to a person who:

          (i)  The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

         (ii)  Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order; [or]

     (i)  The person intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty.  For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions[.];

     (j)  The person intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D-2.  For purposes of this paragraph, "a person who is engaged in the performance of duty at a health care facility" shall include health care professionals as defined in section 451D-2, administrators, students, volunteers, and any other workers who support the functions of the health care facility;

     (k)  The person intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201; or

     (l)  The person intentionally or knowingly causes bodily injury to a person employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, who provides case management services to an individual in a hospital or in the home who is engaged in the performance of duty."

SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



 

Report Title:

Health Care Worker; Intentionally Cause Bodily Injury; Felony Penalty

 

Description:

Makes intentionally or knowingly causing bodily injury to a health care worker a Class C felony.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.