Nurses, legislators, law enforcement officials testify in support of assault bill
H.1700 would expand current assault and battery law to include nurses

A group of MNA nurses and law enforcement officials, including Worcester County District Attorney Joseph D. Early, Jr., came to the State House on March 11 to testify before the Joint Committee on the Judiciary in support of a bill that would expand the current law regarding assault or battery on health care providers by adding registered nurses and other front-line health care delivery workers to the current statute.

H.1700, An Act Relative to Assault and Battery on Health Care Providers, sponsored by Rep. Michael Rodrigues (D-Westport), addresses a growing crisis in regard to the health and safety of RNs and other health care providers, who suffer violent assaults at a rate 12 times higher than those employed within other industries. Early, a strong supporter of the bill, testified about the violence against nurses that can be perpetrated by patients, families, friends, visitors, and even co-workers.

“Hospitals unfortunately are increasingly violent workplaces, both for employees and for patients. Workplace violence against nurses and other health care workers, which can range from verbal and emotional abuse to physical assault and homicide, is not uncommon in hospitals and other health care settings,” said Early, who continued his testimony by noting that 48 percent of all non-fatal assaults in the U.S. workplace are committed by health care patients. “Nurses are the people who show compassion for us,” said Early. “It is incumbent upon us to make sure their workplace is safe.”

Years ago, the Legislature recognized the critical need to pass a more comprehensive law regarding assault and battery on emergency medical technicians and ambulance operators which included enhanced penalties. H.1700 would extend those enhanced penalties to include assaults on nurses and other health care providers. This bill was developed by the MNA’s Workplace Violence Task Force.

A hospital should be a haven where patients go to heal and where nurses and other health care professionals can provide care in a safe environment. Unfortunately, nurses are assaulted at work on a par with police officers and prison guards, yet oftentimes no action is taken against those who attack nurses.

Nurses attending the March 11 hearing described how they were assaulted on the job when providing nursing care to their patients. Patti Duggan was working as a charge nurse in an Emergency Department when she was assaulted by a patient who had suffered a drug overdose. “He began screaming and smashing his fist into my head and neck. Security had yet to lay a hand on him. It took several minutes and an injection to get him to let go of me. He was restrained and the police were called and he was arrested. I assumed my assault was part of the charges, but I later learned that he was only charged with drug violations.”

Kathy Metzger, an RN and nursing leader at Signature Healthcare-Brockton Hospital gave the committee a sobering overview of the Brockton Hospital’s Emergency Department, which treats victims of gang violence and other crimes.

“The ED also has seen an increase in drug and alcohol use by patients and visitors; the presence of weapons, long wait times, poor patient and visitor coping skills; and an increasing number of patients with mental illness seeking services in the ED. These are all risk factors that increase the prevalence of workplace violence in my hospital,” said Metzger who reported that between May 2006 and May 2007, more than 1,000 phone calls to 911 were made from inside Brockton Hospital, translating into over three emergency calls per day.

“I have been almost strangled at the bedside with my own stethoscope,” said former trauma nurse Rep. Jennifer Callahan (DSutton).

Charlene Richardson, a community organizer for the MNA, a 17-year nursing veteran, and the victim of a March 2003 brutal sexual assault by a patient, testified in favor of the bill.

“I am frustrated because for some reason there is a perception that it’s okay to be assaulted on the job when you are a nurse,” said Richardson. “Well, it’s not. I’ve been destroyed by this.”

Beverly Police Officer Frank Wojick testified before the committee, speaking about his previous experience working in hospital security.

“The amount of violence I saw at the hospital is far more than I witnessed at the police department,” said Wojick.

Susan Vickory, a nurse with the Boston VA Medical Center for the past 25 years concluded the testimony by explaining that “one of the most effective actions to decrease violence toward nurses has been the prosecution of individuals who assault. When prosecution becomes the usual response, it will serve as a deterrent. All too often the ‘blame the victim’ mentality has caused nurses to not report the incidents; administration minimizes the events, and the police and the court consider this as ‘part of the job.’ We need to send a strong message to clinical staff, administration, police and court officers that violence towards healthcare workers is not part of the job.”

Nurses and activists interested in helping H.1700 move through the Legislature are encouraged to contact their legislators and ask for a favorable release from the Joint Committee on the Judiciary. To find your legislator’s contact information, visit www.capwiz.com/massnurses and enter your zip code.

		Strong Testimony: Patti Duggan (left), Beverly Police Officer Frank Wojick and Kathy Metzger.

For more information on this legislation or how to get involved, contact Maryanne McHugh at 781-830-5713.

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