New Law Developed
Hospitals should be a "safe haven" for patients, families and employees. However, over the past year alone, disgruntled patients and/or guests at local area hospitals have pulled guns, threatened emergency personnel with knives and smashed heart monitors and IV pumps in drug-induced rages, as noted by Eric Eyre of the Charleston Gazette. Although Boone Memorial Hospital is a smaller, rural hospital, it's no stranger to violence. As a matter of fact, it's often rural hospitals with limited or no security that get hit hardest, usually in the Emergency Room.
"Our employees have been threatened on numerous occasions," said Tommy Mullins, BMH Administrator. "In most cases the attacker received only misdemeanor charges or no charges at all. At the most they may get a couple of days in jail and a fine. I want my employees to feel safe and protected. That's why I wanted to help pass a law that would do just that," he added.
Mr. Mullins, with the help of Senator Stollings, the WV Hospital Association and the WV State Medical Association assisted in developing this new law, which went into effect June 8th, 2008. It was passed by legislation on March 8th, 2008. The new law has been a vision of Mr. Mullins and Senator Stollings for quite some time. "It's so nice to actually see it in effect. People who attack hospital workers will now be charged with felonies and bear stiffer criminal penalties," said Mullins.
There are basically four degrees of offenses as defined in the new legislation:
1) Malicious Assault – Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim disfigure, disable or kill a health care worker.
2) Unlawful Assault – Any person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a health care worker acting in his or her official capacity bodily injury with intent to maim disfigure, disable, or kill him or her.
3) Battery – Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a health care worker acting in his or her official capacity, or unlawfully and intentionally causes physical harm to that person acting in such capacity.
4) Assault – Any person who unlawfully attempts to commit a violent injury to a health care worker acting in his or her official capacity, or unlawfully commits an act which places that person acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury.
Health Care Worker, as defined by the WV Legislature, Senate Bill No. 590 means any nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all persons employed by, a hospital, county or district health department, long-term care facility, physician's office, clinic or outpatient treatment facility.
Unfortunately many health care workers don't report all violent incidences. Many have gotten "used" to the behavior and sadly see it as "part of their job duties". The violence increases turn-over rates among hospital workers, lowers workplace morale and leads to an unsafe environment, one that decreases quality patient care.
"Although we know it can't stop every case, it will at least reduce the incidences and make the attacker think before acting," concluded Mr. Mullins.

