HB676 HD1

SECTION 1. The legislature finds that the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention defines workplace violence as "the act or threat of violence, ranging from verbal abuse to physical assaults directed toward persons at work or on duty" and states that the "impact of workplace violence can range from psychological issues to physical injury, or even death. Violence can occur in any workplace and among any type of workers, but the risk for fatal violence is greater for workers in sales, protective services, and transportation, while the risk for nonfatal violence resulting in days away from work is greatest for healthcare and social assistance workers." A study released by the United States Occupational Safety and Health Administration found that between 2002 and 2013, incidents of serious workplace violence (i.e., those requiring days off for the injured worker to recuperate) were, on average, four times more common in the field of health care than in private industry.

The legislature further finds that workers in hospitals, nursing homes, and other health care settings face significant risks of workplace violence. The Occupational Safety and Health Administration also found that health care accounts for nearly as many serious violent injuries as all other industries combined. However, many assaults or threats remain unreported. This situation results, in part, because of the unique cultural factors of health care. For example, a staff member may feel a professional and ethical duty to "do no harm" to patients. For health care security professionals who put their own safety and health at risk to intervene during incidents of violence at a health care facility, the occurrence of violence may be considered a part of the job.

The legislature also finds that health care security professionals are currently not included as one of the protected categories of health care professionals who have the ability to bring felony charges when they are assaulted while performing the duties of their profession even though these professionals face a heightened risk of injuries. Health care security professionals are unarmed and specifically trained to deescalate a situation; they do not lay hands on patients unless directed to do so by clinical staff. At The Queen's Medical Center – Punchbowl (Queen's) in 2018, there were over twenty-five assault-related dispatch calls to the Queen's security team. Nineteen calls resulted in calls to the Honolulu police department, and five calls involved an assault on a health care security professional. These incidents do not include those involving behavioral health patients and reflect a disturbing trend of violence becoming a more common source of injury in health care. Although assault-related dispatches accounted for only a small portion of the thousands of dispatches to which the Queen's security team responds on an annual basis, the severity of violent incidents has increased.

In order to create workplaces that protect and support staff, local health care facilities have been working toward implementing policies and programs that promote workplace violence prevention, strengthen broader safety and health objectives, and build upon a culture of safety. Hospitals such as Queen's have voluntarily implemented comprehensive policies and procedures for workplace violence prevention, including collecting data of incidents on campus to improve quality and safety, and providing specific training and certification for health care security professionals that are aligned with international guidelines from the International Association for Healthcare Security and Safety.

The legislature additionally finds that health care security professionals play a critical role in a health care team and strive to provide a safe environment for all staff and patients.

The purpose of this Act is to support health care security professionals by classifying assault against these professionals as felony assault in the second degree.

SECTION 2. Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of assault in the second degree if:

(a) The person intentionally, knowingly, or recklessly causes substantial bodily injury to another;

(b) The person recklessly causes serious bodily injury to another;

(c) The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

(d) The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;

(e) The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility. For the purposes of this paragraph, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;

(f) The person intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty. For the purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

(g) The person intentionally or knowingly causes bodily injury to a person employed at a state-operated or ‑contracted mental health facility. For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;

(h) The person intentionally or knowingly causes bodily injury to a person who:

(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;

(i) The person intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions;

(j) The person intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D-2. For purposes of this paragraph, "a person who is engaged in the performance of duty at a health care facility" shall include health care professionals as defined in section 451D-2, physician assistants, surgical assistants, advanced practice registered nurses, nurse aides, respiratory therapists, laboratory technicians, [~~and~~] radiology technicians[;], and health care security professionals. As used in this paragraph, "health care security professionals" means individuals employed by a health care facility who have received training or certification specifically designed for health care security and safety;

(k) The person intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201; or

(l) The person intentionally or knowingly causes bodily injury to a person, employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider's office, or home, while that person is engaged in the performance of those services."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	676
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII