Ky. Passes Law to Keep Emergency Depts Safer

June 18, 2012
A new Kentucky law passed this spring allows police to make an arrest or issue a citation for fourth-degree assault that occurs in a hospital emergency department.

June 18--A new Kentucky law passed this spring allows police to make an arrest or issue a citation for fourth-degree assault that occurs in a hospital emergency department.

"The Emergency Nurses Association pushed for this nationwide, and it's a good thing that Kentucky has taken steps to pass it," said Debbie Poole, director of emergency services with Owensboro Medical Health System. "Emergency staff feel vulnerable because they sometimes get patients who are aggressive or under a lot of stress when they present to us, and they may have a tendency to become more aggressive or violent."

Mary Rose Bauer, president of the Kentucky ENA, said ER assaults are dangerous not just for the health care professionals, but for patients as well.

"It's crucial that we treat assaults as the serious crimes that they are, and the penalties for these crimes are commensurate with the danger they pose," Bauer said. "We are taking another step toward keeping emergency departments ... safe."

Previously, if a hospital staff member was attacked, the person could go to the police station and press charges. Now, an arrest may be made even if the police officer didn't see the offense, as long as there is probable cause.

"This makes it an offense to take any kind of action against an employee," Poole said. "Now, the staff will feel a little more protected."

OMHS has security in the emergency department and a metal detector that screens people for weapons upon entering the department.

OMHS ED staff also is trained on recognizing escalating situations and handling them before they get out of control.

"We try to intervene and do everything we can to

prevent behavior becoming violent," Poole said. "We follow the Crises Prevention Institute model that starts with listening and try to communicate openly and honestly, using eye contact, setting parameters and giving expectations of acceptable behavior when in our care."

Restraints may be used so a patient can't hit, kick or throw objects. If an incident becomes physical, police would be called. In 2010, 41 calls to Owensboro Police Department were made for assaults, disturbances or alcohol intoxication. There were 77 calls in 2011 and 37 in 2012.

"Sometimes, it's not the patient but someone with the patient who might be aggressive," Poole said. "Maybe there was some domestic violence and the situation continued or escalate at the ED. Or maybe the police brought someone to the ED from an accident or a fight, so the person was already upset when they got here.

"Sometimes, there's the stress of being sick and feeling that the person is not getting the results they feel they should be getting in the time they feel they should be getting it, and that will cause their behavior to escalate."

Poole said most of the time the hospital's de-escalation techniques work without having to involve the police.

"We, (a) few times a week, we may have security present to monitor a situation so that it doesn't escalate," Poole said. "We may have to call law enforcement three or four times a month, even if it's just to be on standby. That's not a huge number considering we have 68,000 ED visits a year."

Rich Suwanski, 691-7315, or [email protected]

Copyright 2012 - Messenger-Inquirer, Owensboro, Ky.

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