Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/02/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SJR14 | |
| Confirmation Hearing(s): Select Committee on Legislative Ethics | |
| HB312 | |
| SB148 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SJR 14 | TELECONFERENCED | |
| + | HB 312 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 148 | TELECONFERENCED | |
HB 312-CRIMES AGAINST MEDICAL PROFESSIONALS
2:11:36 PM
CHAIR COGHILL announced the consideration of HB 312.
2:12:01 PM
REPRESENTATIVE CHUCK KOPP, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 312, explained that he and Representative
Claman were each contacted by the Alaska Nurses Association, the
Alaska Hospital Nurses Association, and emergency room
physicians with requests for help with the rising tide of
violence in health care facilities. He and Representative Claman
each had legislation drafted and subsequently decided to work
together.
2:13:27 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 312, said he was in the Anchorage LIO and
would let Representative Kopp take the lead introducing HB 312.
REPRESENTATIVE KOPP said things have changed dramatically in
emergency rooms and health care facilities generally since the
opioid crisis hit. They have become trauma zones for staff. It's
not just from people presenting for treatment, but also visitors
and family accompanying them. Some of the violence is opioid
driven and some is behavioral health issues. Regardless of the
reason, health care staff are not combat medics trained to
survive in high-threat environments. They are health care
professionals who traditionally treat people in very safe and
secure environments. It's come to the point where the law needs
to address the situation.
House Bill 312 addresses the issue by allowing a warrantless
arrest for a fourth-degree misdemeanor assault in a health care
facility. The perpetrator can be removed from the facility if
they are stable for discharge. If probable cause is established
after interviewing witnesses, the responding officer can make a
misdemeanor arrest. The bill also adds an aggravator to the
felony assault statute when the assault is knowingly perpetrated
against a medical professional who is working. He noted that the
packets contain letters of endorsement from nearly every
hospital in the state.
2:21:01 PM
CHAIR COGHILL asked for confirmation that a health care worker
who witnesses an assault could be a party to a lawsuit that may
arise.
REPRESENTATIVE KOPP said that's correct; the probable cause
would be based on their witness statement so they would be a
party to any civil or criminal action.
CHAIR COGHILL said he brought it up because the assault occurs
within a health care facility and that becomes an issue.
REPRESENTATIVE KOPP said the health care facility is an
important issue because it is a sacred space for every worker
and patient.
2:23:33 PM
LIZZY KUBITZ, Staff, Representative Matt Claman, Alaska State
Legislature Juneau, Alaska, paraphrased the following sectional
analysis for HB 312:
Section 1
[Amends] AS 12.25.030(b) - Grounds for arrest by
private person or peace officer without a warrant.
Establishes that a peace officer may arrest a person
without a warrant when the peace officer has probable
cause for believing that the person has committed an
assault in the fourth degree at a health care facility
and the person was not seeking medical treatment at
the facility or was stable for discharge.
The term "stable for discharge" comes from the federal
Emergency Medical Treatment and Labor Act, also known
as EMTALA. EMTALA requires anyone coming to an
emergency department be stabilized and treated,
regardless of their insurance status or ability to
pay. The federal government has published guidelines
that describes the responsibilities of hospitals in
emergency cases.
The guidelines provide: "a patient is considered
stable for discharge?when, within reasonable clinical
confidence, it is determined that the patient has
reached the point where his/her continued care,
including diagnostic work-up and/or treatment, could
be reasonably performed as an outpatient or later as
an inpatient, provided the patient is given a plan for
appropriate follow-up care with the discharge
instructions." In addition, "? 'Stable for discharge'
does not require the final resolution of the emergency
medical condition."
Section 2
[Amends] AS 12.25.030 - Grounds for arrest by private
person or peace officer without a warrant.
Establishes that the definition for "health care
facility" has the meaning given in AS 18.07.111.
Section 3
[Amends] AS 12.55.155(c) - Factors in aggravation and
mitigation.
Adds an aggravator to Alaska's felony assault statute
when a defendant committed the offense at a health
care facility and knowingly directed the conduct
constituting the offense at a medical professional
during or because of the medical professional's
exercise of professional duties.
Section 4
Uncodified law
This section contains applicability provisions.
CHAIR COGHILL asked for the definition of health care facility.
REPRESENTATIVE KOPP read the definition in AS 18.07.111(8)(A)
and (B).
CHAIR COGHILL said he wanted that exact definition brought into
the open.
SENATOR COSTELLO asked if a warrantless arrest is
constitutional.
REPRESENTATIVE KOPP said the legislature has the authority to
place exceptions in the law. The arrest warrant requirement in
the Fourth Amendment is the law of the land but the courts have
given state legislatures the authority to implement that in a
reasonable manner. The current exceptions are crimes relating to
domestic violence.
CHAIR COGHILL advised that Title 47 holds are allowed in
circumstances of life and safety.
REPRESENTATIVE CLAMAN added that both the Alaska Supreme Court
and the U.S. Supreme Court have addressed the topic of
exceptions to the warrant requirement in the context of
misdemeanors. The courts have typically found that the
legislature has the authority to craft narrow exceptions when
there are good legislative findings. HB 312 was crafted with
that case law in mind; the exception is narrow.
2:31:34 PM
BECKY HULTBERG, President/CEO, Alaska State Hospital and Nursing
Home Association, Anchorage, Alaska, said she was testifying on
behalf of Alaska's hospitals and skilled nursing facilities to
express strong support for HB 312. It gives police and the
judicial system new tools to address violence in health care
facilities. She said hospitals are sacred places and they should
also be safe places. Unfortunately, as violence has increased in
some communities, it has spilled over into hospitals. In the
last year hospitals have reported an increase in workplace
violence and staff report feeling unsafe in the workplace.
Violence should not be an acceptable workplace hazard but for
many health care workers it has become normal. There are many
contributing factors to the increase in violence, including the
opioid crisis and a shortage of psychiatric and detox beds. As
employers, hospitals have an obligation to address workplace
violence and they are working to ensure that plans are in place
to prevent, identify, and de-escalate violence before the police
need to be involved. Because workplace violence is a complex
problem with many causes, it will require multiple solutions to
address. HB 312 is one of those tools.
MS. HULTBERG said hospitals clearly understand the need to
differentiate between an intentional and unintentional assault.
Reporting an assault by a patient is not something caregivers do
lightly. But hospitals do report that when health care workers
call the police to report an assault, the police sometimes leave
the individual at the hospital rather than arresting them. HB
312 gives police new tools to arrest for fourth degree assault
without a warrant. Hospitals address violence daily and
understand the needs of vulnerable populations. The intent of HB
312 is not to penalize those who need behavioral health or
substance abuse treatment. In fact, it is carefully designed not
to do that. It is intended to give police and the judicial
system additional tools in dealing with serious physical
violence when it is creating an unsafe environment for
caregivers and patients. The legislation is also clear that
patients that need medical treatment belong in the hospital.
Hospitals understand that obligation.
MS. HULTBERG stressed that hospitals cannot bear the burden of
community violence much longer. Caregivers need help and passing
HB 312 tells everyone that violence in health care facilities is
not acceptable. She encouraged the committee to act favorably on
the legislation.
CHAIR COGHILL asked which hospital departments are primarily
affected by workplace violence.
MS. HULTBERG said a significant amount of the violence takes
place in the emergency room, but labor and delivery and the
general medical floors can also be very volatile.
2:38:47 PM
CHAIR COGHILL found no questions. He asked if Pioneer and
Veteran Homes have been part of the discussion.
REPRESENTATIVE KOPP said those are primarily residential, not
health care facilities. They weren't intentionally excluded but
staff haven't reported problems in those facilities. Similarly,
private physician offices didn't seem to have the same level of
problem as in hospitals, but there wasn't an overt attempt to
exclude them.
SENATOR WIELECHOWSKI directed attention to the new language on
page 2, lines 16-17, regarding violating AS 11.41.230. He asked
if this includes the sidewalk and parking lot outside the
facility.
REPRESENTATIVE KOPP said he would defer to the definition, but
his guess is it may apply to the campus, not just within any
four walls on the campus.
REPRESENTATIVE CLAMAN said he agrees with everything
Representative Kopp said.
SENATOR WIELECHOWSKI stated that he would interpret this to mean
within the four walls the health care facility plus the sidewalk
and the parking lot. "That's my intent in passing this
legislation."
CHAIR COGHILL said he didn't know that anyone on the committee
would disagree.
REPRESENTATIVE KOPP thanked the committee for hearing the bill.
2:43:10 PM
CHAIR COGHILL held HB 312 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 312 - Sectional Summary (ver. O).pdf |
SJUD 3/2/2018 1:30:00 PM |
HB 312 |
| HB 312 - Letters of Support #1.pdf |
SJUD 3/2/2018 1:30:00 PM |
HB 312 |
| HB 312 - Letters of Support #2.pdf |
SJUD 3/2/2018 1:30:00 PM |
HB 312 |
| HB 312 - Sponsor Statement.pdf |
SJUD 3/2/2018 1:30:00 PM |
HB 312 |
| HB 312 - Supporting Document - Stable for Discharge Definition.pdf |
SJUD 3/2/2018 1:30:00 PM |
HB 312 |
| HB 312 - Letter of Opposition.pdf |
SJUD 3/2/2018 1:30:00 PM |
HB 312 |
| SJR 14 - Sponsor Statement.pdf |
SJUD 3/2/2018 1:30:00 PM |
SJR 14 |
| SJR 14 - Version A.PDF |
SJUD 3/2/2018 1:30:00 PM |
SJR 14 |
| Skip Cook Resume.pdf |
SJUD 3/2/2018 1:30:00 PM |