Legal Corner

Alabama Nurse,  Mar-May 2005  by Eddins, Don

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Workplace safety legislation tops the Alabama State Nurses' Association's 2005 legislative program in a year in which medical matters are expected to be high on the agenda.

The Alabama Legislature's 2005 Regular Session, which kicked off February 1 and runs through midMay, is expected to tumultuous since demand for services far exceeds available funds to pay for them. Medicaid funding, or lack thereof, is at the center of funding debate since the program faces shortfalls of more than $100 million in each of the next two years.

Last year ASNA proposed legislation which make it a felony to assault a nurse in the performance of his/her duty. The measure was expanded to all health care workers at the urging of other groups.

The bill passed the Senate, was reported out of committee in the House and died on the calendar the final night of the 2004 session.

"We are optimistic of approval of the workplace violence legislation this year," said ASNA attorney and lobbyist Don Eddins. "This bill is needed to send a message that physical violence against registered and licensed practical nurses in our hospitals, nursing homes and clinics just will not be tolerated."

The measure would expand the definition of the crime of Assault in the second Degree to include medical workers. School teachers and emergency medical personnel already are included under the law. A person already could be charged with a crime for assaulting a nurse, but he probably only would be charged with a misdemeanor. Under this legislation, if he assaulted a health care employee "with intent to cause physical injury," he could be charged with a Class C felony which carries a prison term of up to 10 years.

While the legislation was proposed by ASNA, with the national interest on homeland security, the American Nurses Association also is suggesting that states adopt workplace violence laws.

A study by the Bureau of Justice Statistics showed that an average of 429,100 nurses reported that they were victims of violent crimes in the workplace during a six-year period ending in 1999.

ASNA's workplace safety bill is being sponsored this year by Senator Ted Little of Auburn and Representative Barbara Boyd of Anniston.

ASNA is drafting another bill which could have substantial impact on security for the nursing community. It would provide tax credits to hospitals and nursing homes which develop and maintain homeland security plans. The health care facilities would use those tax credits to provide nursing scholarships to deserving students.

"This is excellent legislation which would attack the nursing shortage and bolster security," said Eddins. "Unfortunately, this year state budgets face such shortfalls that tax credits are looked upon with disfavor. Passage will be difficult but we will work toward that end."

Meanwhile, with regard to funding shortages, ASNA is pledging its support to efforts to properly fund Medicaid. "The Medicaid program is important to Alabama," said ASNA Executive Director Joe Decker. "It means jobs for our nurses, but more importantly is a safety net for senior citizens and indigent." Decker noted that Medicaid costs are skyrocketing and that the state necessarily will approve a lean Medicaid budget. But he said ASNA will work to ensure that essential services are funded.

by Don Eddins, BS, MS, JD; Attorney at Law

Don Eddins, BS, MS, JD is a practicing attorney in Auburn, Alabama, and serves as legal counsel to the Alabama State Nurses Association. Every ASNA member is entitled to a one-hour free consultation on any legal matter. Call the ASNA office or email him at doneddins@charter.net.

Copyright Alabama State Nurses' Association Mar-May 2005
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