ISMA has joined several other health care organizations in signing a letter to state lawmakers supporting Senate Bill 419 (Crimes against health care providers), which would enhance criminal penalties for acts of violence and verbal intimidation against all health care workers.

Indiana law currently provides an enhanced penalty for battery committed against certain licensed health care professionals and any staff member of an emergency department in a hospital, but workplace violence occurs across the health care spectrum – not just against licensed professionals and not just in the emergency department. 

The bill, authored by Sens. Cyndi Carrasco (R-Indianapolis) and Tyler Johnson, DO (R-Leo),  provides that the offense of battery, ordinarily a misdemeanor, is a Level 6 felony if it is committed against a health care provider while the health care provider is acting within the scope of their duties, and a Level 5 felony if: (1) it results in bodily injury to the health care provider; or (2) the person places bodily fluids or waste on the health care provider. The bill also provides that intimidation is a Level 5 felony if the subject of the threat or the person to whom the threat is communicated is a health care provider and the threat relates to the person's status as a health care provider. 

“We believe that enhanced criminal penalties for acts of violence and verbal intimidation against professionals in all health care settings will serve as a strong deterrent to future incidents and underscore the critical importance of maintaining a safe workplace,” the letter states. “We respectfully request your support for SB 419. By doing so, you will be sending a clear message that violence against health care workers will not be tolerated, and that our society values and stands with those who care for us in our most vulnerable moments.”

A Level 6 felony is punishable by up to 2 ½ years in prison, while Level 5 felonies carry a sentence of up to six years. Either charge can also result in a fine of up to $10,000.

According to the U.S. Bureau of Labor Statistics, health care workers are five times more likely to sustain a workplace violence injury than other professions. One study estimated that the incidences of workplace violence could be up to three times higher than official tallies due to underreporting.

Read the letter >>