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Health care providers urge stronger penalties for those who assault them

Chad Austin, Kansas Hospital Association
Chad Austin, Kansas Hospital Association

By Mike Shields
KHI News Service

TOPEKA — Representatives for many of the state’s health care provider groups testified Thursday in favor of a proposal that would raise the penalties for those convicted of assaulting nurses, doctors or other health care workers.

“Hospitals strongly support sanctions for those who abuse hospital and clinic employees by hitting, spitting, biting or other unwanted forms of physical contact and emotional intimidation,” said Chad Austin in written testimony given to the House Health and Human Services Committee.

The executive director of the Kansas State Board of Nursing cited a study showing that the incidence of violence against those working in hospitals and other health care institutions was on the rise.

House Bill 2526 would increase the penalties for assault and battery if the victims were providing health care services when the crimes were committed. It also would criminalize spitting on health care workers or otherwise interfering with the performance of their jobs.

For example, currently aggravated assault on any person is a Level 7 felony. If the bill were to become law, aggravated assault on a medical provider, firefighter or animal control officer would become a Level 6 felony.

Under the proposal, spitting or otherwise forcing a health care worker to have contact with a bodily fluid known to be infected with HIV or hepatitis would be a crime of aggravated battery ranked as a Level 4 felony. Otherwise spitting or forcing contact with bodily fluid would be battery with a Level 7 felony.

Committee members asked several questions about the proposed changes to law but didn’t take immediate action on the measure, which had no opponents.

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