Wisc. Looks to Boost Penalties for Health Care Worker Threats

The Wisconsin State Journal

Citing growing violence against health care workers during the COVID-19 pandemic and the past decade, state Republican lawmakers are introducing a bill to make threatening or attacking the workers a felony.

It's a welcome move to Dr. Chris Eberlein, an emergency medicine provider with Gundersen Health System in La Crosse. He said he's seen more verbal and physical assaults against frontline workers recently, often in response to requests such as asking patients to wear face masks.

"You get the, 'No, I'm not doing that,' and then they'll start to take out their IV or stand up and walk toward staff, yelling at them," said Eberlein, who noted some patients have punched paramedics and nurses. "People's fuses seem much shorter than they had been."

At SSM Health St. Mary's Hospital in Madison, staff reported 117 incidents of physical assault last year, spokesperson Lisa Adams said. Staff have been punched, kicked, scratched, pushed, bitten and hit with objects like phones or bed remotes, she said.

A 2020 state law made battery against certain health care workers a felony, but it didn't make threats of violence a crime, the legislators said. The new bill would do that, treating battery and threats of violence against health care workers like those against law enforcement officers, court officers and certain state employees, they said.

"The stress, pressure, and violence the health care profession has endured over the past two years is unprecedented and has contributed to higher attrition rates among nurses and hospital staff when we can least afford to lose them," said a statement from Senate Majority Leader Devin LeMahieu, R-Oostburg; Assembly Speaker Robin Vos, R-Rochester; Sen. Van Wanggaard, R-Racine; and Rep. Gae Magnafici, R-Dresser, who started circulating the bill Thursday for co-sponsors.

They also cited federal data showing violence-related health care worker injuries increased by 63% from 6.4 per 10,000 full-time workers in 2011 to 10.4 per 10,000 in 2018.

UnityPoint Health-Meriter has experienced the problem, prompting steps such as a tighter visitor policy and daily "safety huddles" to identify risks, said spokesperson Nicole Aimone.

UW Hospital has "a robust security staffing system and safety protocols in place" to prevent and protect against threats of violence to staff, spokesperson Emily Kumlien said.

At SSM Health, workers receiving threats of violence include registration staff, clinical technicians, nurses and doctors, Adams said. People have threatened to "come back and kill" staff, sent letters to homes of providers that include threatening or abusive messages, and called facilities threatening violence against staff, she said.

"Unfortunately, threats, verbal abuse and physical attacks against health care workers have increased over the past decade," Adams said.

In 2020, the Madison hospitals adopted policies against discriminatory behavior by patients and visitors toward providers and staff, after what some say had been an increase in such incidents in recent years.

Eric Borgerding, CEO of the Wisconsin Hospital Association, said in a statement that health care workers are leaving their jobs "at an alarming rate" and "growing threats being made against them and their families are forcing them to prioritize their personal safety over the increasing danger they face doing what they love."

Eberlein agreed the specter of violence is contributing to staffing shortages among frontline workers.

"It's a difficult job at base line. You do it... to take care of your community and to help others," Eberlein said. "When you've got people that are acting that way, either verbally or physically assaulting you, it really will make people question whether this is the right thing for them."

Under current law, battery is a misdemeanor. But in special circumstances — such as attacking a nurse, emergency medical care provider or someone working in an emergency department — it is a class H felony.

The new bill would make battery or threats against health care workers or their family members a class H felony when done in response to actions taken by the workers or situations at health care facilities. Violators would face three years in prison plus three years of extended supervision, up to a $10,000 fine, or both.