Jun. 20, 2017
House approves legislation to raise the penalty for an assault on a health care worker
HARRISBURG – The Pennsylvania House of Representatives today overwhelmingly approved legislation authored by Rep. Judy Ward (R-Blair) that would add all health care practitioners to a protected class in the event of assault.
House Bill 646 would raise the penalty for an assault on a health care practitioner, while in the performance of duty where bodily injury occurs, from a second-degree misdemeanor to a second-degree felony.
“As a nurse who has worked in various health care settings, I have seen the frustration and anger of some patients and their families when it comes to dealing with health issues,” said Ward. “However, physical violence should never be used against any health care worker. My legislation is aimed at protecting those on the front lines who are simply trying to do their jobs.”
According to the U.S. Bureau of Labor Statistics, nearly 60 percent of all nonfatal assaults and violent acts by persons occurred in a health care or social assistance setting. Three quarters of these assaults were committed by patients of a health care facility.
Current law states that a simple assault is graded as a second-degree misdemeanor, but an assault against an individual within a protected class is treated as an aggravated assault. The grading of an aggravated assault with bodily injury is a second-degree felony. Ward’s legislation would add health care practitioners to the list of those in a protected class.
A health care practitioner is any health care professional who has a license, permit or certificate from the Bureau of Professional and Occupational Affairs of the Department of State. Examples are social workers, pharmacists, physical therapists, occupational therapists, athletic trainers, dietician-nutritionists, massage therapists, optometrists, podiatrists, physician assistants and respiratory therapists.
“Current law already includes EMS personnel, which includes doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force, as well as psychiatric aides as protected class,” said Ward. “House Bill 646 would add more health care workers who are also worthy of the same level of protection. It is time to close the loophole in this law and protect all who are caring for patients.”
House Bill 646 now goes to the state Senate for consideration.
Representative Judy Ward
80th Legislative District
Pennsylvania House of Representatives
Media Contact: Tricia Lehman
717.772.9840
tlehman@pahousegop.com
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