Assemblymember Freddie Rodriguez introduced AB 172 to prevent workplace violence in the emergency room (ER) and guarantee stronger protections for health care workers.
Under current law, an assault or battery against a physician or nurse rendering emergency medical care outside of a hospital, clinic or health care facility is a misdemeanor punishable by a fine of up to $2,000, or a one year jail time, or both. However, if an assault or battery occurs inside the health care facility, the crime is punishable as a lower misdemeanor with a jail time of up to 6 months. Sponsored by the Emergency Nurses Association (ENA), AB 172 would close this loophole by increasing the penalties for violence committed against all health care workers engaged in providing services within the ER.
“Health care workers in emergency rooms are on the front lines of emergency medical care. The risk of verbal and physical assault increases in an ER setting and such incidents should not be considered or accepted as part of the job,” said Rodriguez. “These workers deserve the same level of protection whether they are performing their duties inside or outside of a hospital.”
In 2007, a National Emergency Department Safety Study found that twenty-five percent of workers in emergency departments surveyed felt unsafe at work. According to the U.S. Bureau of Labor Statistics, healthcare workers accounted for over 10 percent of the 2 million reported cases of workplace violence each year.
“On a daily basis, healthcare workers in Emergency Departments in California are assaulted verbally and physically,” said ENA representative Jen Denno MSN, RN, CEN. “Studies have shown that between 35 percent and 80 percent of hospital staff have been physically assaulted at least once during their careers. We need to provide safe care to all patients who enter Emergency Departments without feeling the fear or threat of violent acts."
According to the Journal on Emergency Medicine, common factors associated with ER violence include long wait times, psychiatric patients, patients who have a history of violence and patients under the influence of drugs or alcohol.
Assemblymember Rodriguez represents the 52nd Assembly District which includes the cities of Chino, Montclair, Ontario, Pomona and portions of unincorporated Fontana