ODESSA-Assaults on Emergency Room nurses have been a growing issue in the state of Texas that a law has been made to prevent it.
The new law took effect on September 1, 2013, and it states that an assault on a nurse will now be charged as a "Class-3 Felony," making it the same as assaulting a police officer.
Many nurses whom I spoke with today, say the new law makes them feel more secure.
Emergency room nurses not only deal with sick patients, but also violent ones.
Its been a felony in NM for a long time. I was bitten (still have the scar), and the perp was convicted on 2 felony counts of battery on a health care worker.
I think all LTC facilities are like this. Your employer isn't going to pay for security when they perceive the threat is low. I would bring this up at a staff meeting so a plan can be made. Shoot I work in outpt and our security doesn't show up until after we've been open for 6 hours. They pay for them to watch the building when we're gone. It's not like they could do much anyway, they aren't armed and either look 16 or 70. We do better protecting and defending each other.
You so speak the gospel truth!!!!
There's 2 issues here. First, to make our LTC facilities more secure. Which ain't likely to happen having a 17 or 70 yr old at the front desk texting/gaming or snoozing. $$$$
More importantly, second issue is to have administration support nurses who call the police when they've been threatened or assaulted. This is the more tricky issue. I have had a few run-ins with troublesome families/visitors. But pts.......there's going to be a real fine line when pts are determined to be demented or confused r/t to illness or meds. How will assault charges stick?
I'll defer to pts with brain CA, advanced Alzheimers, tertiary syphillis (sp?), bipolar, etc. Diagnoses for which I can attribute aggressiveness to the disease state, even those when meds throw them for a loop.
But for the family and esp the pt who is alert & competent to make decisions like 'informed consent' and 'the right to refuse' (which we so dutifully support)... Will I be supported by my employer and the legal system if I press charges? I can just see a lawyer up there saying 'the defendant was so overcome with pain, grief. worry, etc that he/she didn't know what he/she was doing and thus isn't responsible". Yada,, yada, yada. Bunch of baloney!!!
Oh yeah!. And I can see families & pts going to the newspaper or Channels 3, 6 & 10 boo-hooing. Will the facility stand behind employees when the negative PR hits the fan? As far as I'm concerned, these type of assaultive incidents should be treated like any other work related injury.
I'm really on my soap-box so it's time for me to step down now.
This is awesome news for sure. I pray this law is extended throughout the country/world as well. Nurses and techs throughout hospitals everywhere get assaulted daily, this is NOT why we trained for this profession. Pts seem to think that hospitals are a place to find free punching bags....not so. I also feel that some pts use their diagnosis as justification for their physical violence towards staff. Now we are aware that some disease processes may included impulsivity which may be the reason John Doe punched nurse Sally in the face, but I believe.laws such as these will force pts to be even more accountable for their actions. Pts will think twice before raising a fist to a nurse from now on. My only issue, I wish all hospital staff were covered by this law. Techs/CNAe do alot for us nurses, most times THEY take the beating!
According to the 2009 link that someone posted, California only includes nurses and other medical professionals who are preforming emergency medical services on or off duty. The way it is worded it does not even include the ED as a whole; only if the situation is an emergency.
It's a shame how these laws are worded. It is almost as if they gave the bare minimum to appease us. While we are trying to take care of everyone else- who is looking out for us?
According to the 2009 link that someone posted, California only includes nurses and other medical professionals who are preforming emergency medical services on or off duty. The way it is worded it does not even include the ED as a whole; only if the situation is an emergency.
It's a shame how these laws are worded. It is almost as if they gave the bare minimum to appease us. While we are trying to take care of everyone else- who is looking out for us?
Oh yeah! And the politician who sponsored the legislation is out there pumping out his/her chest, bragging how much they support healthcare workers, and then they hit you up for your vote.
JBudd, MSN
3,836 Posts
Its been a felony in NM for a long time. I was bitten (still have the scar), and the perp was convicted on 2 felony counts of battery on a health care worker.