Protecting Health Professionals in the Workplace - HB1921 SB973

Protecting Health Professionals in the Workplace - HB1921 | SB973

What is the current law, and what does this legislation do? Under current law, increased penalties only apply to a battery against an emergency healthcare provider in the emergency room of a hospital or other facility providing emergency care. HB1921/SB973 ensures that health professionals are protected equally in the hospital setting or other facilities providing emergency care, and not only in the emergency room. The bill also requires the Department of Health to work with stakeholder groups to develop guidelines regarding the publication of penalties for battery on a healthcare provider and for the training of healthcare professionals and providers in violence prevention programs.

Why is it important?

Hospital employees are more than 4-5 times more • Nurses and aides who have the most direct likely to face workplace violence than the national contact with patients are at higher risk. average. • Other hospital personnel at increased risk of • In 2013, overall rate for PRIVATE industry violence include emergency response non-fatal workplace violence: 2.8 cases per personnel, hospital safety officers, and all 10,000 workers; while PRIVATE hospital health care providers. employees’ rate of non-fatal workplace i violence is 14.7 cases per 10,000 workers. Several studies indicate that violence often takes • In 2013, overall rate for STATE employee non- place during times of high activity and interaction fatal workplace violence: 32.8 cases per with patients, such as at meal times and during 10,000 workers; while STATE hospital visiting hours and patient transportation.viii employees’ rate of non-fatal workplace Assaults may occur when service is denied, ii • violence is 156.8 cases per 10,000 workers. when a patient is involuntarily admitted, or • While under 20% of all workplace injuries when a health care worker attempts to set happen to healthcare workers, healthcare limits on eating, drinking, or tobacco or alcohol workers suffer 50% of all reported assaults.iii use. Of 3,765 nurses surveyed by the American • Healthcare has some unique cultural factors that Nurses Association, almost one-fourth had may contribute to underreporting or acceptance of been physically assaulted at work.iv workplace violence.ix Some will put their own safety and health at This problem is not just in the emergency room. • risk to help a patient, and many in healthcare • 21% of registered nurses and nursing students professions consider violence to report being physically assaulted,v while only be “part of the job.” 12% of emergency department nurses • Healthcare workers also recognize that many experienced physical violence.vi injuries caused by patients are unintentional, and are therefore likely to accept them as Anyone working in a hospital may become a victim routine or unavoidable. of violence. vii • Another consideration is unwillingness among healthcare workers to stigmatize the perpetrators due to their illness or impairment

The Virginia Nurses Association VNA is the professional organization representing the interests of the more than 100,000 registered nurses in the Commonwealth of Virginia, inclusive of all areas of specialization, clinical settings and work environments. i GAO March 2016 Report, page 46; citing BLS 2013 data. ii GAO March 2016 Report, page 46; citing BLS 2013 data. iii https://www.osha.gov/Publications/osha3148.pdf, pg. 3. iv http://www.nursingworld.org/HRA-Executive-Summary, pg. 5. v https://www.osha.gov/Publications/OSHA3826.pdf, pg. 3; citing American Nurses Association. 2014. American Nurses Association Health Risk Appraisal (HRA): Preliminary Findings October 2013–October 2014. vi https://www.osha.gov/Publications/OSHA3826.pdf, pg. 3; citing Emergency Nurses Association and Institute for Emergency Nursing Research. 2010. Emergency Department Violence Surveillance Study. vii https://www.cdc.gov/niosh/docs/2002-101/pdfs/2002-101.pdf, 3. viii https://www.cdc.gov/niosh/docs/2002-101/pdfs/2002-101.pdf, 1. ix https://www.osha.gov/Publications/OSHA3826.pdf, pg. 2.