Bill S1089B-2013

Relates to assault of certain persons providing direct patient care

Relates to assault of certain persons providing direct patient care in a health care setting; provides that such assault shall be a class D felony.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Jun 11, 2014: AMENDED ON THIRD READING 1089B
  • Jun 3, 2014: ADVANCED TO THIRD READING
  • Jun 2, 2014: 2ND REPORT CAL.
  • May 29, 2014: 1ST REPORT CAL.1043
  • Jan 17, 2014: PRINT NUMBER 1089A
  • Jan 17, 2014: AMEND AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1089B

TITLE OF BILL: An act to amend the penal law, in relation to assault of certain persons providing direct patient care

PURPOSE OF GENERAL IDEA OF BILL:

To classify assault on a person providing direct patient care as an assault in the second degree under section 120.05 of the Penal law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Creates subdivisions 3-b and 11-b of section 120.05 of the penal law to include assaults on persons providing direct patient care. A person providing direct patient care is defined as any direct-care staff who is not a nurse pursuant to title eight of the education law whose principal responsibility is to carry out direct patient care for one or more patients in a variety of health care settings.

JUSTIFICATION:

Current law provides the protections afforded in this bill to a variety of professions, ranging from registered nurses to firefighters, emergency medical technicians and even sanitation enforcement agents. This bill seeks to apply the same standards to direct care staff in a health care setting. This proposal is consistent with the current inclusion of nurses, and will lead to greater protections for health care workers that have to deal with difficult conditions and patient related issues day in and day out.

PRIOR LEGISLATIVE HISTORY:

S4937/A7577 of 2011-12; Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1089--B Cal. No. 1043 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MAZIARZ, ADDABBO, AVELLA, GIPSON, GRISANTI, HANNON, ROBACH, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to assault of certain persons providing direct patient care THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.05 of the penal law is amended by adding two new subdivisions 3-b and 11-b to read as follows: 3-B. WITH INTENT TO PREVENT AN EMPLOYEE PROVIDING DIRECT PATIENT CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING ANY CHRONIC DISEASE HOSPITAL, MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE OR HEALTH CARE SERVICES PURSUANT TO THE MENTAL HYGIENE LAW, OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO- RATION, FROM PERFORMING A LAWFUL DUTY, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE. 11-B. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE PROVIDING DIRECT PATIENT CARE, WHO IS NOT A NURSE PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, WHOSE PRINCIPAL EMPLOYMENT RESPONSIBILITY IS TO CARRY OUT
DIRECT PATIENT CARE FOR ONE OR MORE PATIENTS IN ANY HOSPITAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, GENERAL HOSPITAL, GOVERNMENT AGENCY INCLUDING ANY CHRONIC DISEASE HOSPITAL, MATERNITY HOSPITAL, OUTPATIENT DEPARTMENT, EMERGENCY CENTER OR SURGICAL CENTER UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND ANY FACILITY THAT PROVIDES DIRECT PATIENT CARE OR HEALTH CARE SERVICES PURSUANT TO THE MENTAL HYGIENE LAW, OR THE CORRECTION LAW IF SUCH FACILITY IS OPERATED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE PROVIDING DIRECT PATIENT CARE WHILE SUCH EMPLOYEE IS PERFORMING A LAWFUL DUTY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus