The Senate Judiciary Committee has approved HB 292, legislation from Rep. Luke Malek, R-Coeur d’Alene, to make assaults and batteries on health care workers a felony with up to a five-year prison term. Malek proposed the bill at the prompting of Kootenai Medical Center and other health care providers around the state who say violent assaults on health workers are a growing problem, often from drug-seeking patients who show up at the emergency room.

Dr. Mark Urban, pediatric medical director for the St. Luke’s health system, said he trained in Arizona, and there it was a felony to attack a health care worker. “They know not to hit the doctor or nurse,” he said. Since coming to Idaho, Urban said, he’s been assaulted twice, both times in the emergency department. Once was by a patient who began throwing things and threatening health workers when he was refused permission to smoke a cigarette while hooked up to oxygen. Several other health care workers told of serious attacks on doctors, nurses and other workers.

“We are the front line,” Urban told the senators. “We are required by federal law to provide a medical screening exam ... to any patient that is brought to the hospital.”

Sen. Marv Hagedorn, R-Meridian, asked if health care workers use Tasers or other means to defend themselves from violent patients, which drew laughter from health care workers in the audience. Malek responded, “They’re there to make people healthier, and to that extent, they’re not going to be carrying weapons - they’re going to be carrying stethoscopes and Q-tips. … Self defense isn’t really an option for them.”

David Lehman, lobbyist for KMC, said the problem has worsened considerably in North Idaho since a pain clinic closed down. “We have about 700 patients who no longer have a place to go to be prescribed narcotics, so they end up frequently in emergency rooms … in doctor’s offices, seeking those drugs,” he said. With the bill, he said, “The prosecutor now has a bigger lever. … They’re staring down the business end of a potential five-year sentence. We believe this is an appropriate step to increase protection for health care workers.”

"I think there is some deterrent value here," said Sen. Todd Lakey, R-Nampa. "These are individuals that in my opinion deserve additional protection - they're required to help these people. They're required to put themselves in close proximitiy in a very vulnerable position when they work with these individuals." Sen. Elliot Werk, D-Boise, supported the bill, but said it could be better drafted - and he worried about potentially making verbal assaults into felonies. The bill now moves to the full Senate.