Do you think this law is fair in regards to healthcare workers in Illinois?

Published

Here in Illinois today, a law just went into effect, revoking any health care professional who practice under a license or certificate from working in the health care field who were convicted of sexual assault, misdemanor battery against a patient, or any forcible felony against a patient. Many practicing doctors and nurses alike lost their Illinois license...Do you feel that this law is justifiable, or do you think that those who were convicted should be given a second chance especially if they were not a multiple offender. Would like to hear other people views on this issue.

Specializes in Leadership, Psych, HomeCare, Amb. Care.

Overall, I'm in favor of it, but there needs to be an appeal process. Isn't it possible that someone could be unjustly accused & convicted of battery in the performance of their duties?

Battery: unlawful use of force on somebody: the unlawful use of any physical force on another person, including beating or offensive touching without the person's consent

One of the doctors or surgeon i cant recalled argued that by revoking his license, they were sentencing him to double jeopardy because he had already had punishment taken upon his license, but ultimately was still able to practice......Also, there are healthcare workers who do some pretty shady stuff to their patients that are in their care, but yet have to be caught. Its wrong to abuse someone in your care, but some healthcare workers do it all the time, like when a relative of mines was in the hospital, the nurse came over to her and starting doing procedures on her without her consent while she was in her right state of mind, but she so happened to be sleep. Startled, she hit the nurse in the face. Is it safe to say that the nurse assaulted her by touching on her without her consent?

If the people have actually been covicted, then they should not be practicing and I have no trouble with them losing their licenses. Life does not (and should not) always offer second chances.

How would you feel if a health care worker taking care of you were convicted of assault or battery against someone THAT WAS NOT A PATIENT? Do you think they should get another chance?

How would you feel if a health care worker taking care of you were convicted of assault or battery against someone THAT WAS NOT A PATIENT? Do you think they should get another chance?

NO

Assault is assault is assault....... Is Joe Bob Smith's life worth less? NO..... Could Joe Bob become a patient, and then be more "worthy" of having his attacker not working on him? NO.....

Why this defense of felonious criminals ? :confused:

One of the doctors or surgeon i cant recalled argued that by revoking his license, they were sentencing him to double jeopardy because he had already had punishment taken upon his license, but ultimately was still able to practice......Also, there are healthcare workers who do some pretty shady stuff to their patients that are in their care, but yet have to be caught. Its wrong to abuse someone in your care, but some healthcare workers do it all the time, like when a relative of mines was in the hospital, the nurse came over to her and starting doing procedures on her without her consent while she was in her right state of mind, but she so happened to be sleep. Startled, she hit the nurse in the face. Is it safe to say that the nurse assaulted her by touching on her without her consent?

You don't need a license to "F" someone up. Being on a list won't keep it from happening, but the punishments for successive offenses increase- and that is a VERY good thing.... These people choose to hurt people. The law chooses to protect people. Why should someone have the chance to hurt someone again?

Specializes in ortho, hospice volunteer, psych,.
how would you feel if a health care worker taking care of you were convicted of assault or battery against someone that was not a patient? do you think they should get another chance?

no way!:down:

NO

Assault is assault is assault....... Is Joe Bob Smith's life worth less? NO..... Could Joe Bob become a patient, and then be more "worthy" of having his attacker not working on him? NO.....

Why this defense of felonious criminals ? :confused:

The reason why I ask is because assault does not mean that you actually touched a person, it can be someone felt that you threatened to bring harm onto them. If a person makes a gesture to slap me, then that is assault even though they didnt actually carry out slapping me for instance. People does things like that everyday, so I think that people like that should be given a second chance(maybe that was why the law is ONLY punishing people who have committed a crime against a patient. Also, what if the person you assaulted was your husband or wife, and they done things towards you, but you happen to be the one who gotten caught in the act so to speak. Then what? Do those people not deserve second chances?

One of the doctors or surgeon i cant recalled argued that by revoking his license, they were sentencing him to double jeopardy because he had already had punishment taken upon his license, but ultimately was still able to practice......Also, there are healthcare workers who do some pretty shady stuff to their patients that are in their care, but yet have to be caught. Its wrong to abuse someone in your care, but some healthcare workers do it all the time, like when a relative of mines was in the hospital, the nurse came over to her and starting doing procedures on her without her consent while she was in her right state of mind, but she so happened to be sleep. Startled, she hit the nurse in the face. Is it safe to say that the nurse assaulted her by touching on her without her consent?

No- it's never right to hurt anyone (meaning non-therapeutic, deliberate harm). Period. If you know about it and don't report it, you're as bad as they are. If your family is asleep, and the nurse was doing her job- THAT IS NOT ABUSE.... :uhoh3: How much do you actually know about healthcare? Do you have a friend or family member who was effected by the loss of a license?

A license is something to protect- not use as a shield. If someone chooses to do something worthy of losing a license, they chose to put that license in jeopardy- not applicable to double jeopardy.... He wasn't sentenced to double jeopardy- he was sentenced to accountability and responsibility.... something many people like to weasel out of. Good riddance to a really bad egg.

The reason why I ask is because assault does not mean that you actually touched a person, it can be someone felt that you threatened to bring harm onto them. If a person makes a gesture to slap me, then that is assault even though they didnt actually carry out slapping me for instance. People does things like that everyday, so I think that people like that should be given a second chance(maybe that was why the law is ONLY punishing people who have committed a crime against a patient. Also, what if the person you assaulted was your husband or wife, and they done things towards you, but you happen to be the one who gotten caught in the act so to speak. Then what? Do those people not deserve second chances?

http://education.yahoo.com/reference/dictionary/entry/assault

So a battered wife should give her husband second chances until when? The coroner is involved?

Why do you want to give someone the chance to actually hurt you? If it qualifies under the law, they need to be held accountable. If they choose to commit the act, they don't even deserve a pity party, yet alone another chance.

Why should it be only towards patients? The law doesn't differentiate between victims- it's against a HUMAN.... not some sub-category of people who should put up with abuse/assault because they're not a patient at the time (they may be soon if they hang out with the "second chance" offenders....

If you slugged your spouse, then you deserve to have your license yanked... a volatile temper isn't limited to domestic situations....

OY......

No- it's never right to hurt anyone (meaning non-therapeutic, deliberate harm). Period. If you know about it and don't report it, you're as bad as they are. If your family is asleep, and the nurse was doing her job- THAT IS NOT ABUSE.... :uhoh3: How much do you actually know about healthcare? Do you have a friend or family member who was effected by the loss of a license?

A license is something to protect- not use as a shield. If someone chooses to do something worthy of losing a license, they chose to put that license in jeopardy- not applicable to double jeopardy.... He wasn't sentenced to double jeopardy- he was sentenced to accountability and responsibility.... something many people like to weasel out of. Good riddance to a really bad egg.

I know a lot about the medical field. I have family as both docs and nurses alike. When you about to perform a procedure on a patient that is in your care, you are suppose to tell them that you are going to be doing x,y,z. You just dont walk over and start doing things. Its like working as a nurse and you have a mentally incompetent patient who cant understand, a word you are saying, when you enter into their room, you are still suppose to introduce yourself as nurse X,y,z, and that you are going to be doing this procedure. You just dont fondle someone.

Specializes in Emergency & Trauma/Adult ICU.
Its wrong to abuse someone in your care, but some healthcare workers do it all the time, like when a relative of mines was in the hospital, the nurse came over to her and starting doing procedures on her without her consent while she was in her right state of mind, but she so happened to be(a)sleep. Startled, she hit the nurse in the face. Is it safe to say that the nurse assaulted her by touching on her without her consent?

No, it is not safe to say that at all, as the consent for treatment signed by patients being admitted to the hospital covers most non-surgical, non-invasive, non-transfusion related procedures that might be needed.

Did the nurse pursue any action as a result of being hit in the face? Assault of a healthcare worker is a felony in IL.

I know a lot about the medical field. I have family as both docs and nurses alike. When you about to perform a procedure on a patient that is in your care, you are suppose to tell them that you are going to be doing x,y,z. You just dont walk over and start doing things. Its like working as a nurse and you have a mentally incompetent patient who cant understand, a word you are saying, when you enter into their room, you are still suppose to introduce yourself as nurse X,y,z, and that you are going to be doing this procedure. You just dont fondle someone.

Do you, with your wealth of medical knowledge, feel that a nurse doing vitals is the same as fondling? :eek: If a nurse can do the assessment (and it's safe for the patient- stable, going home in the morning- OR will do a full set later w/meds) and not wake the patient, there is nothing wrong with that.

Being a family member of a doc or nurse is not the same as working in healthcare yourself. There are shades of gray you learn with experience. :)

+ Join the Discussion