New York law makes it a felony to assault a nurse

For nurses in New York State, November 1st marked a victory for workplace safety. It was the day the Violence Against Nurses Act went into effect, making it against the law to assault a registered nurse or LPN while on duty.

For many nurses, including those working in home care, coping with aggressive or abusive patients and caregivers was considered a part of their plight. The New York State Senate passed the bill in January, noting that just about 500,000 nurses are victims of violent crimes within the workplace every year, in line with the U.S. Department of Justice. The mostly reported acts of violence include spitting, biting, hitting and shoving.

“Workplace violence against nurses is vastly underreported. Nurses were either afraid to report it or unsure whether what was happening to them qualifies as violence,” says Erin Silk, deputy director of communications for the New York State Nurses Association, which has been working to introduce the laws since 2008.

The Nurse Abuse Act adds nurses to the already protected groups of cops, firefighters and first responders. Physically assaulting a registered nurse or practical nurse while on duty is a Class D felony, punishable by as much as seven years in prison.

According to Silk, nurses say the law gives them a way of agency.

?We had [news about the legislation] We put it on our Facebook page and got numerous feedback,” he says. “I feel they’re excited that somebody brought it to our attention.”

Influence added

The bill is hopeful that it will stop the violence against about 60 registered nurses and three licensed practical nurses at Winthrop University Hospital’s Home Care Agency, said Anne Calvo, RN, BSN, MPS, agency administrator and director of patient services.

Calvo says that when they’re hired, nurses are instructed to leave any home situation in which they feel uncomfortable or unsafe and to immediately call their manager. Nassau County police also train Winthrop providers to identify and defuse potentially violent situations. “We serve certain geographic areas that have been identified as high-risk areas because of high crime rates,” Calvo says. “Nurses, therapists and home health aides can request escorts — off-duty security guards — to accompany them to those areas.”

Calvo says that before the Violence Against Nurses Act went into effect, it was difficult to administratively and ethically refuse care, even in light of the obvious safety concerns. “In my opinion, I think we’ll feel more comfortable not providing services in cases where we felt the staff was at risk; before that, we always put patients’ rights first,” Calvo says.

Calvo says that despite previous safeguards for home care providers, safety remains a concern. Winthrop, he says, averages 3,000 nurse visits per month in Nassau County homes. “We’ve had staff get bitten, hit … and we’ve had potential sexual harassment situations,” Calvo says. “But nobody wants to press charges against a patient. I don’t know if that’s going to change.”

What now?

Eileen Avery, Registered Nurse

It’s the policy of each facility that nurses or their managers should call law enforcement when workplace violence occurs, says Eileen Avery, RN, MS, associate director of educational practices and research at NYSNA. “NYSNA works to educate nurses, as well as managers, on how to proceed so that we are proactive, not reactive, in these situations,” Avery says.

The law covers physical assault, including spitting, biting, hitting or shoving. It doesn’t cover verbal assault. Nurses can file charges against anyone, including delirious or mentally sick patients. The law, Avery explains, features a basic right to file criminal charges. The courts will handle the remaining.

Avery says nursing facility leaders must also use this chance to update policies on violence and be certain nurses understand them.

Spread the word

NYSNA is working on a promotional campaign concerning the law for health care providers and the general public. It includes press releases and posters for facilities warning readers that assaulting a nurse is against the law.

Roger L. Noyes, communications director for the Home Care Association of New York State, says the nearly 400-member association supports the law and recognizes the necessity for these protections for nurses. “One of the things we’re doing in the coming weeks is making sure our members are informed about the law and trying to get more feedback from them about what they think it means for them,” Noyes says. “We’ll also be putting forward our own recommendations in this area.”

“We can now focus on staff safety while respecting patients’ rights to care,” Calvo says. “The public should be aware that nurses should not be physically abused just because they are nurses. They are human beings and we all need to be treated humanely.”