New No Violence Against Nurses Law

Emergency RN · Nov 17, 2011

http://www.timesunion.com/local/article/attack-on-nurse-draws-prison-in-tough-new-law-2251960.php

http://berkshires.ynn.com/content/top_stories/562676/former-cdpc-patient-gets-five-years-for-assaulting-nurse/

nurses need to consider bringing staff and work safety concerns to the bargaining table. it isn't just dollars and cents if you're injured and can't ever work again. nurses need to hold their institution ultimately responsible for allowing violence in their workplace. further, many institutions would rather that assaulted or beaten nurses (whether perpetrated by other staff, patients, or visitors) to stay silent because of potential bad publicity.

imho, i believe just like other patient outcomes that facilities or institutions are required to publish; violence in the hospital should be a mandated reportable statistic at the state level. if i'm a patient, i want to know that my assigned nursing staff can concentrate on my care and not be so distracted by their own issues of safety that they make errors.

support your nursing unions! :up:

maelstrom143 · Nov 17, 2011

This is the thread that I saw concerning violence against nurses law: https://allnurses.com/general-nursing-discussion/violence-against-nurses-514904.html

mindlor · Nov 17, 2011

Most of the violence that nurses endure comes from other nurses, there should be laws against lateral violence.....

Esme12, ASN, BSN, RN · Nov 17, 2011

The laws about violence against nurses committed by patients vary state to state.

Good Morning, Gil · Nov 17, 2011

It's 2011, and look how nurses are treated. I've only been a nurse for a year, but I know how it goes. Oh...well, they're in pain or they're sick, it's okay if the withdrawal patient kicks you in the head because he's going through a tough time. That's why I will try not to put myself in that situation. It's a shame b/c sometimes it is truly unpredictable, and some patients truly cannot help themselves. Just get extra help and call security. If a 400 lb patient becomes so agitated that he rolls off the bed somehow before I can get help, then so be it...I'll try to toss a pillow on the floor or something, but I am not compromising my health and safety to try and catch them myself since they would crush me anyway . Both of us end up on the floor then lol.

Mashira · Nov 17, 2011

I've attempted to look it up for my state but I'm not finding anything. Anyone have something for Texas or are we SOL over here?

Esme12, ASN, BSN, RN · Nov 17, 2011

i've attempted to look it up for my state but i'm not finding anything. anyone have something for texas or are we sol over here?

http://nursingworld.org/workplaceviolence

workplace violence protection for nurses by accrediting bodies

although, there is no federal standard that requires workplace violence protections, effective january 1, 2009 the joint commission on accreditation of healthcare organization created a new standard in the "leadership" chapter (ld.03.01.01)* that addresses disruptive and inappropriate behaviors in two of its elements of performance:

ep 4: the hospital/organization has a code of conduct that defines acceptable and disruptive and inappropriate behaviors.
ep 5: leaders create and implement a process for managing disruptive and inappropriate behaviors.

in addition, standards pertaining to medical staff (physicians) have been organized to follow six core competencies (see the introduction to ms.4) to be addressed in the credentialing process, including interpersonal skills and professionalism.

to learn about specific joint commission standards: www.jointcommission.org/sentinelevents/sentineleventalert/sea_40.htm

workplace violence protection for nurses at the state level

rather than wait for healthcare employers to volunteer to establish such programs, some states have sought legislative solutions including mandatory establishment of a comprehensive prevention program for healthcare employers, as well as increased penalties for those convicted of an act of violence against a nurse.

introduced during the 2011 session

penalties for assault of nurses

ar (hb 1759) increases aggravated assault to a class c felony.
co (hb 1105) adds hospital workers to list of victims to current law, which if a person is convicted of third degree assault, the court must impose a mandatory jail term that exceeds the maximum, but is no more than twice the maximum for a class 1 misdemeanor. it also adds to current law that it is third degree assault to throw various bodily fluids to hospital workers.
hi (hb1474/sb 1526) expands the existing law that makes a person who is convicted of assaulting an emergency medical services provider guilty of assault in the second degree to include assaults on medical service providers in nonemergency settings.
me (ld 369) expands the penalty of a class c felony for assault to include all who provide medical care.
mo (hb 652) adds health care worker to those, if assaulted, results in a class a felony.
ne (lb 677) seeks to increase the penalties for assault on a health care provider while the health care provider is engaged in the performance of his or her official duties;
nj (ab1512/ab 2309/sb 911/sb1044) upgrades the offense of simple assault to aggravated assault if the victim is a health care worker or health care professional who is clearly identifiable as being engaged in his or her duties.
nm (hb305) imposes penalties for assault or battery on health care workers in nursing and other facilities.
ny (ab 3212/ab 3213) amends penal law to include assaults on nursing professionals.
oh (hb 62) increases the penalty for assault to a felony of the 4th degree when the victim is a registered nurse or a licensed practical nurse engaged in the performance of official duties whom the offender knows or has reasonable cause to believe is a registered nurse or a licensed practical nurse.
pa (hb 188) - identifies penalties for assault of care takers in the nursing home and home care settings, and includes all those providing care.
tn (hb 1586/sb 134) expands the scope of the present law to allow "any employer or employee who has suffered unlawful violence or a credible threat of violence" to seek such a temporary restraining order or injunction, and broadens the definition of "unlawful violence" to include "intimidation or extortion" in addition to assault, aggravated assault or stalking.
tx (hb 703) makes it a felony of the 3rd degree for assault of a healthcare services provider.
vt (sb 30) increases the penalty for assault of a nurse from a misdemeanor to a felony.
va (hb 1690) classifies battery against a healthcare provider engaged in emergency care across settings as class 1 misdemeanor with a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
employer-run programs to address workplace violence/bullying
- ca (ab 30) existing law requires hospitals, not less than annually, to conduct a security and safety assessment , develop a security plan with measures to protect personnel, patients, and visitors from aggressive or violent behavior. this bill requires: the hospital to evaluate and treat an employee who is involved in a violent incident and to provide specified follow up care; filing a report with law enforcement within 24 hours; a hospital to report incidents of assault or battery to the department, as specified and the department make an onsite inspection or investigation when it receives a report from a hospital that indicates an ongoing, urgent, or emergent threat of imminent danger of death or serious bodily harm to patient, personnel, or visitors; annual training of employees assigned to a psychiatric unit; prevents a hospital from taking punitive or retaliatory action against an employee for seeking assistance from local emergency services or law enforcement when a violent incident occurs; and imposes an administrative penalty for violation of the provisions.
- ct (sb 970) creates a comprehensive program, with oversight by a hospital safety committee and institutes stiffer penalties of class c felony for assault of health care personnel.
- me (ld 472) requires hospitals adopt a safety and security plan to protect the patients, visitors and employees of the hospital from aggressive and violent behavior
- md (sb 600) - defines an abusive work environment and outlines program requirements to address.
- ma (sb 56/sd 178) an act requiring health care employers develop and implement programs to prevent workplace violence.
- ny (ab 4856) provides that health care employers develop and implement programs to prevent workplace violence.
- ny (sb 3617/ab 4258) establishes a civil cause of action for employees who are subjected to an abusive work environment.
- or (hb 3229) requires certain health care employers to report annually data concerning assaults of health care staff members to the director of department of consumer and business services, which in turn would be shared with the legislature.
- ut (hb 292) applies to the abusive workplace policies act, broadening the definition beyond that of violence.
- vt (sb 52) proposes to protect employees from bullying or being a victim of abusive treatment in the workplace.
- wva (hb 3015/sb 598) depicted as the healthy and safe workplace act, intends to deter workplace bullying.
enacted to date
- legislation calling for a workplace violence prevention program, study of the issue or reporting of incidents has been signed into law in: ca, il, me, nj, ny, or, wa and wv.
- hi passed a resolution urging employers to develop and implement standards of conduct and policies for managers and employees to reduce workplace bullying and promote healthful and safe work environments.
- states which enacted legislation to strengthen or increase penalties for acts of workplace violence affecting nurses include: al, az, co, hi, il, ma, nv, ny, nc, nm, wa, and wv