Showing posts with label felony law. Show all posts
Showing posts with label felony law. Show all posts

Wednesday, July 19, 2017

Elise's Law


Nurse Elise Wilson
After being savagely stabbed by a patient, nurse Elise Wilson’s colleagues, friends and family testify on behalf of “Elise’s Law”.

Today the Massachusetts State House witnessed Elise Wilson’s colleagues, friends and family testify on behalf of “Elise’s Law”, a legislative protective act for healthcare workers. Elise, the nurse the law is named after wasn’t there. She was so severely injured by a patient brutally stabbing her that, a month and half after the savage attack, she is still recovering and was unable to attend the hearing. The horrific assault she endured left her in critical care – fighting for her life with scars that will last a lifetime. Thank goodness she is alive!
It is awful to think that someone almost needs to die, before felony legislation is put in place. Massachusetts legislators – it’s time to protect healthcare professionals from being assaulted.

"Elise's Law" is formally known as Senate Bill No. 1374, which was filed by state Senator James Timilty about five months prior to Wilson being attacked. Thirty-five other legislators have also signed on in support of the proposal. The Massachusetts Nurses Association proposed the law in effort to better protect healthcare workers and create programs to prevent workplace violence.

Based upon a Massachusetts Nurses Association survey of more than 220 nurses it found that fear of violence and physical and verbal abuse are pervasive in Massachusetts healthcare facilities. More than 85 percent of nurses have been assaulted physically or verbally. Nurses are assaulted on the job more than police officers and prison guards, with more than 70 percent of hospital emergency department nurses reporting being assaulted during their career. These are frightening statistics we, and others who work in the healthcare industry, face just by going to work! Enough!!

Violence should not be part of any job! It is time Massachusetts legislators make much needed, and overdue changes to protect, Massachusetts healthcare workers, their constituents and our mothers, fathers, daughters, sons, spouses, friends and colleagues by passing Massachusetts’s felony legislation!

Sheila Wilson, RN, BSN, MPH
President, Stop Healthcare Violence






Monday, April 17, 2017

Felony Legislation: New Bill Numbers!

We have new Bill Numbers for felony legislation - making assault on healthcare workers a felony in the State of Massachusetts:

House Bill H795

Senate Bill S765


Please support the passage of these Bills. 
Contact your State legislator and urge him or her to support passage of these Bills so that Massachusetts can be the 34th State.



Sheila Wilson, RN, BSN, MPH
President, Stop Healthcare Violence
http://www.stophealthcareviolence.org
Get our ebook! The Shocking Reality of Healthcare Violence

The Way It Is… and The Way It Should Be

Many people have asked for clarification about misdemeanor penalties versus felony penalties when it comes to assault on healthcare workers. I’ve put together a simple primer that I hope will clear this up.

The Way It Is: Assault as a Misdemeanor
When the victim contacts the police, a police report is filed, but law enforcement is unable to arrest the perpetrator because they didn't visually witness the assault.

Then, law enforcement sends their report to District Attorney’s Office. The DA’s office sends the victim, and the perpetrator, a court date to meet with a court magistrate.

On that date, if the court magistrate feels it is important to see the judge, then you and the perpetrator go to court and appear in front of a judge. The judge decides if that individual receives probation, a fine, or time in a county jail.

The Way It Should Be: Assault as a Felony
When the victim contacts the police, a report is filed AND the police can arrest him or her and take him to jail if medically stable.

There is no need to appear in front of a court magistrate (hear that, nurses? Saving you from a day in court). Instead, you and the perpetrator go to court before a judge.

There is no fine, so the penalty would be sentencing to jail, Massachusetts House of Corrections, or State Prison.

However, if the DA and/or the judge do not feel the resulting injuries are significant enough to warrant felony penalties, they may choose to downgrade the crime to a misdemeanor.

The moral of the story:
Please, please, please — support felony law. In Massachusetts, we are lobbying for the passage of House Bill H795 and Senate Bill S765. Contact your State legislator (how do I find them?) and urge him or her to support passage of these Bills so that Massachusetts can be the 34th State

Sheila Wilson, RN, BSN, MPH
President, Stop Healthcare Violence
http://www.stophealthcareviolence.org
Get our ebook! The Shocking Reality of Healthcare Violence

Tuesday, February 21, 2017

A New Day, A New Anti-Assault Bill... Yes!

4/17/17: There is an update to this post here.

We Have New Anti-Assault Legislation!

As most of you may recall, HB #1164 was filed in the 2016 legislative session with the intent to strengthen penalties for assault on a healthcare worker from a misdemeanor to a felony.

HB #1164 was tabled, sent to study, whatever you want to call it -- it was DOA at the end of the 2016 legislative session.

However, new legislation was introduced for the current 2017 session, Docket #HD1329, which, like its would-be predecessor, will help protect healthcare workers who have been assaulted in a work environment setting.

Once this new legislation was introduced - or reintroduced, if you will - I, along with my fabulous colleague, friend and Board Member Jeanne White, conducted a vigorous email campaign to Massachusetts House and Senate legislators for co-sponsors of this proposed new Bill.  Our efforts were a success - we ended up with 55 co-sponsors for Docket# HD 1329! This took time, diligence and dogged determination, but we achieved a tremendous goal.

I'd also like to give a boisterous shout-out to Lisa Field and the Massachusetts Nurses Association for lending a strong and solid hand in this tremendous effort; we are so fortunate to be in partnership with MNA on the issue of felony legislation.

So what's the next step? The proposed legislation has been sent to the House Clerk's Office where it will be assigned a bill number. The bill will then be sent to the appropriate committee.

I and the rest of the Stop Healthcare Violence Team is forever grateful for the support and encouragement of you, our followers.

Please stay tuned for more updates, as we will surely be seeking assistance once this new piece of legislation gets underway.


Sheila Wilson, RN, BSN, MPH
President, Stop Healthcare Violence
http://www.stophealthcareviolence.org
Get our ebook! The Shocking Reality of Healthcare Violence

Never Met, Living Thousands of Miles Apart; We Share a Strong Bond

Two women, both nurses, from different parts of the country. One lives in Utah, and the other lives in Massachusetts.   
These two have never met in person, but they share a strong connection.  
What is that connection? They both have been victims of healthcare assault; both have witnessed colleagues suffer the same; and both recognized this dangerous epidemic happening to caregivers in hospital environments.  Unknown to each other, each has been working on something very similar, to achieve a very similar goal:  
They each, with the help of legislative representatives, created a state Bill that would help protect the healthcare workers in this sometimes violent work environment.   
This is their story and how their respective Bills would help enact much-needed change for many healthcare providers.  
-Jeanne White, Host, Passionate World Radio, 2/21/17


I was thrilled to conduct a radio interview with a fellow nurse, with whom I share a strong bond, but whom I've never met. Please take a few minutes and listen to our discussion. Thanks for your time and your support.

Sheila Wilson, RN, BSN, MPH
President, Stop Healthcare Violence

  

Sunday, February 5, 2017

The E-Book You Can't Afford NOT To Read

Healthcare workers: Do you want to...
  • learn to identify potentially dangerous situations, protect and advocate for yourself, 
  • understand that being a victim of violence is NOT in your job description, and 
  • find out what employers and administrators can and should do to keep you safe?

This is is all in my brand new e-book:


Stop Healthcare Violence ebook: The Shocking Reality of Healthcare Violence, and What We Can Do About It
Are you a healthcare worker who has been assaulted, or know someone who has? Violence against healthcare workers has reached epidemic levels, and E.R. nurses are particularly at risk. Assaults on healthcare staff is leading to life-changing injuries, PTSD, and even death. This book helps you, and we CAN mitigate healthcare violence.

You cannot afford NOT to read this. Get it now on Amazon Kindle, Kobo, and iBooks.


SHEILA WILSON R.N., BSN, MPH
President, Stop Healthcare Violence
More About My E-Book
Amazon Kindle  * Kobo  * iBooks

Thursday, January 26, 2017

Ok; Let's Roll

Ok, my fellow supporters, colleagues and friends; it is time.

Many of you have cheered me on over the last eight years since the inception of Stop Healthcare Violence; particularly as I and some of my associates lobbied endlessly and tirelessly for the passage of felony legislation as a means to curb healthcare violence. Now it is time for action. 


I need you to do something for me; it's not a difficult thing and it won't take much, but it could lead to be something significant and could have a major impact on healthcare safety.

We are trying to solicit co-sponsors for Massachusetts Docket #HD 1329, An Act Strengthening the Penalty for Assault or Assault and Battery on an Emergency Medical Technician, Ambulance Operator, Ambulance Attendant or Health Care Provider. This Docket will eventually be filed as a Bill that would replace HB #1164 that was, last year, sent to study. 

Here's what I need you to do: 

Please contact your senators or representatives and ask him or her to co-sponsor this Docket.

You can find your legislator here: https://malegislature.gov/Search/FindMyLegislator

And you can use the following example for your letter, email or telephone call to them:
My name is Sheila Wilson RN BSN MPH President and co-founder of Stop Healthcare Violence. I am asking you to consider co-sponsoring Docket #HD 1329 due to the increase of violence in the workplace. We as healthcare workers are being assaulted by patients, patients’ family members, and friends of the patients. 
Violence against Healthcare workers has reached epidemic levels. Health care workers experience the most non-fatal workplace with attacks on these professions accounting for nearly 70% of all non-fatal workplace assaults. You may not know but at this writing 33 states have changed their law to a felony for assaulting health care workers BUT Massachusetts is not one of them. I wonder why, especially when Massachusetts was always the leader for the health care. This legislation would increase the penalties for assaulting emergency medical technicians, ambulance operators, ambulance attendants and other healthcare workers. Punishable by up to five years in state prison.

Won't you please take five minutes to do this? 
I thank you in advance for your consideration. Now, let's roll.

SHEILA WILSON R.N., BSN, MPH
President, Stop Healthcare Violence

Tuesday, January 17, 2017

Yes! A Cheer for MNA's Support

I have the distinct pleasure of presenting the following from Donna Kelly-Williams, president of  Massachusetts Nurses Association:
Health care professionals are being assaulted at a rate four times the national average. Fear of violence and actual violence is rampant in Massachusetts health care facilities. It is clear the laws we have in place are not enough to stop the violence. A hospital should be a place where patients go to heal and nurses and other health care professionals are able to provide care in a safe environment. The Massachusetts Nurses Association is proud to partner with Sheila Wilson, co-founder of Stop Healthcare Violence, and the Massachusetts Emergency Nurse Association, in our effort to improve the safety of every health care facility in the Commonwealth.
Stop Healthcare Violence looks forward to working with the MNA in our efforts to engender a safe and supportive work environment for healthcare workers everywhere.


Sheila Wilson R.N.BSN MPH
President, Stop Healthcare Violence
www.stophealthcareviolence.org

Wednesday, October 5, 2016

While Fighting the Battle, We Still Must Have Fun


speaking to OHC founder and staff at luncheonI had the distinct pleasure of attending a luncheon hosted by Nancy Clover, RN, COHN-S, founder of Occupational Health Connections, for OHC staff at the East Street Grill in Methuen, Massachusetts.
I spoke with Nancy and her staff about healthcare violence, and the need to change Massachusetts law for assault on healthcare workers from a misdemeanor to a felony. In spite of the seriousness of the topic, we were able to let loose and have a fantastic time.

A great afternoon, at a great restaurant, with great food, and a lot of fun!

at the OHC luncheonA special thank you goes out to Nancy Clover; and to her colleagues and staff. 

And wow! East Street Grill - great place and great food; thank you.

And now, back to work.

Thursday, July 7, 2016

A Cup of Scalding Tea

A Brooklyn hospital nurse suffered second-degree burns last month when a patient’s daughter threw scalding tea in her face.

Nineteen-year-old Milldred Alverez attacked the Brooklyn healthcare worker at Wyckoff Heights Medical Center, where Alvarez’s mother was being treated.

In a June 17, 2016 New York Post article, reporter Sarah Trefethen wrote that Alvarez was “unhappy with the care her mother received.” The attack left the nurse with pain and blisters on her forehead, and Alverez was subsequently charged with felony assault.

The victim developed blisters as a result of the assault, meaning she received a second degree burn.

Thursday, June 23, 2016

Reputation is Everything

“The healthcare industry leads all other sectors in the incidence of non-fatal workplace assaults,” according to the Emergency Nurses Association (ENA).   In 2013 healthcare workers reported 9,200 non-fatal workplace related to violence an amount representing more than 67% of injuries reported in all industries and professions.

The two biggest players in healthcare, the Occupational Safety and Health Administration (OSHA) and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), have been sitting on the issue of violence against healthcare workers for years. Where does that leave us? Do we remain passive and suffer assaults or do we fight for our legal right to have a safe working environment?

If you have been a victim of abuse while taking care of your patient, with no one protecting you or standing up to defend you after the assault, and you are punished for rejecting the notion that assault is simply part of your job, what do you do?

We as healthcare workers dedicate our lives to taking care of, and providing treatment to, patients. We can end up putting our own safety at risk from these patients, risking assault not just from the patient but family members or even friends. This has been happening for decades. So what is the problem?

A few key factors are in play.

Monday, May 2, 2016

Can Massachusetts Be the 34th State?

Why Massachusetts Must Pass Legislation Making Assault on Healthcare Workers a Felony

With Lobby Day approaching, as President and co-founder of Stop Healthcare Violence I was invited to describe why I filed what became House Bill #1164; legislation that would increase penalties for assault on healthcare workers from a misdemeanor to a felony.

Initially, I thought – gosh, it’s a no-brainer. 

Assaults on healthcare workers has become a crisis of epidemic proportions – and one that is figuratively and literally screaming for more rigorous anti-assault laws.

And it is not simply a handful of individuals believing this to be true; 33 states have recognized the need for tougher laws, and have passed felony legislation.

However, it then occurred to me that some may not see the issue as so crystal clear. So please allow me to explain the critical need for this felony legislation.

Wednesday, April 13, 2016

Utah Joins the Club

Utah becomes the 33rd state to enact felony law for assaulting healthcare workers; in Massachusetts it remains a misdemeanor

Congratulations to Utah Governor Gary Herbert and Utah Senator Brian E Shiozawa, MD on becoming the 33rd state to increase penalties for acts of violence against emergency medical care providers.

Thursday, March 17, 2016

Update on House Bill #1164: Stalled - To Be Refiled in 8 Months

While HB 1164 is Sent to Study, Legislative Director Sean Costello Says It will be Refiled Next Session

It is with some dismay that I convey House Bill #1164 has been sent to study. In essence, the Bill has been tabled.

I am disappointed by this development, but I certainly haven’t lost my fight. And Mr. Costello assures me the Bill will be re-filed.

This Bill would prosecute assault on a health care worker as a felony, rather than a misdemeanor as laws are currently written.

The news was communicated to me on 3/16/16 in an email from Legislative Director Sean Costello of Rep. Ayers’ office:
"I just spoke with the committee staffers and they have informed me that the bill has unfortunately been sent to study.

Well what does this mean?

Thursday, March 10, 2016

Dazed and Confused

My name is Jamie Ross, and Sheila Wilson of Stop Healthcare Violence has allowed me to script this guest blog entry.


Over the past months I’ve been fortunate enough to collaborate with Sheila on a major redesign of her website, stophealthcareviolence.org.

As I embarked on this recent website overhaul, immersing myself in copious data, I was struck (pardon the unintentional pun) by an alarming notion: the severity and frequency of assaults on healthworkers may, indeed, have reached rampant proportions.

Having worked with Sheila since the ’09 inception of Stop Healthcare Violence, I’d already understood healthcare assault to be a serious issue in vital need of scrutiny and repair.

Yet this recent venture made me perceive how critical it’s become.

Tuesday, March 1, 2016

What to do when no one answers an email or returns a phone call

I have a confession to make.

I am aggravated, frustrated, stymied… and even a little discouraged.

As some of you may know, I’ve been lobbying to pass House Bill #1164 for over a year - since January 2015.

This bill would strengthen the penalty for assault on healthcare workers by changing it from a simple misdemeanor to a felony charge; just as it already is in thirty-two other states.

I have met with Massachusetts representative Bruce Ayers and his legislative director Sean Costello on numerous occasions; spoken to Senator Will Brownsberger and his policy advisor Anne Johnson Landry; testified in front of the Massachusetts Judiciary Committee; and worked with my friends and colleagues in contacting their legislators to urge support for this bill.

So it’s not as if the Massachusetts Legislature isn’t aware of my tireless support for HB #1164.

It's not as if this bill has not been on the radar for 13+ months.

Yet my emails and telephone calls to them inquiring about the status, save one staffer who had no information, go unanswered with deafening silence.