HF 775

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring hospitals to 
  1.3             report assaults committed against hospital personnel 
  1.4             to local law enforcement agencies; establishing a work 
  1.5             group to study and make recommendations concerning 
  1.6             violence in hospitals; increasing criminal penalties 
  1.7             for assaults committed against hospital personnel; 
  1.8             amending Minnesota Statutes 1998, section 609.2231, by 
  1.9             adding a subdivision; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 144. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [144.5645] [ASSAULTS AGAINST HOSPITAL 
  1.13  PERSONNEL; REPORTS.] 
  1.14     (a) If an on-duty employee reports to the hospital that an 
  1.15  assault has been committed against the employee, a designated 
  1.16  health care representative shall report the assault to the local 
  1.17  law enforcement agency.  The report shall be made within 24 
  1.18  hours of the commission of the assault.  A person who makes a 
  1.19  report required by this section is immune from any civil or 
  1.20  criminal liability that otherwise might result from the action 
  1.21  if the person is acting in good faith. 
  1.22     (b) Any person who knowingly interferes with or obstructs 
  1.23  the making of a report under this section is guilty of a 
  1.24  misdemeanor. 
  1.25     (c) As used in this section: 
  1.26     (1) "assault" has the meaning given in section 609.02; and 
  1.27     (2) "hospital" means a hospital that is licensed under 
  1.28  sections 144.50 to 144.56. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 609.2231, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 7.  [HOSPITAL PERSONNEL.] Except as otherwise 
  2.4   provided in subdivision 2, whoever assaults a physician, nurse, 
  2.5   or other person providing health care services in a hospital and 
  2.6   inflicts demonstrable bodily harm is guilty of a gross 
  2.7   misdemeanor. 
  2.8      Sec. 3.  [WORKING GROUP ON HOSPITAL VIOLENCE.] 
  2.9      Subdivision 1.  [WORKING GROUP; CREATION.] A working group 
  2.10  is created to study the violence, threats, and intimidation that 
  2.11  employees of hospitals licensed under Minnesota Statutes, 
  2.12  sections 144.50 to 144.56, encounter in the workplace.  This 
  2.13  study shall focus on violence, threats, and intimidation 
  2.14  perpetrated by patients and hospital visitors against hospital 
  2.15  employees.  The study shall examine: 
  2.16     (1) the extent of violence, threats, and intimidation in 
  2.17  the workplace; 
  2.18     (2) procedures and policies for dealing with violence, 
  2.19  threats, and intimidation; 
  2.20     (3) whether hospital employees are unlawfully disciplined 
  2.21  by their employers for using lawful force against violent 
  2.22  patients or hospital visitors; 
  2.23     (4) whether additional resources are needed for the 
  2.24  emergency, temporary confinement of violent patients in order to 
  2.25  protect the safety of hospital employees; and 
  2.26     (5) whether criminal justice system responses and resources 
  2.27  are adequate to protect the safety of hospital employees. 
  2.28     Subd. 2.  [MEMBERSHIP.] The working group consists of the 
  2.29  following members: 
  2.30     (1) the commissioner of health or a designee; 
  2.31     (2) the commissioner of human services or a designee; 
  2.32     (3) the ombudsman for mental health and mental retardation 
  2.33  or a designee; 
  2.34     (4) a representative of exclusive representatives of 
  2.35  hospital employees; 
  2.36     (5) a representative of an association representing 
  3.1   hospitals selected by the Minnesota hospital and health 
  3.2   partnership; 
  3.3      (6) a representative of hospital nurses selected by the 
  3.4   Minnesota nurses association; 
  3.5      (7) a victim of hospital violence selected by the 
  3.6   commissioner of health; and 
  3.7      (8) a representative of the Minnesota crime victim and 
  3.8   witness advisory council. 
  3.9      The commissioner of health or the commissioner's designee 
  3.10  shall chair and provide necessary staff support to the working 
  3.11  group. 
  3.12     Subd. 3.  [RECOMMENDATIONS AND REPORT.] By January 15, 
  3.13  2000, the commissioner of health shall report to the chairs and 
  3.14  ranking minority members of the house and senate committees 
  3.15  having jurisdiction over health issues on the findings and 
  3.16  recommendations of the working group. 
  3.17     Sec. 4.  [EFFECTIVE DATE.] 
  3.18     Sections 1 and 2 are effective August 1, 1999, and apply to 
  3.19  acts committed on or after that date.  Section 3 is effective 
  3.20  the day following final enactment.