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A10225 Summary:

BILL NOA10225
 
SAME ASSAME AS S08055
 
SPONSORJoyner
 
COSPNSRFernandez, Dickens, Ortiz, Seawright, Rivera, Mosley, Niou, D'Urso, Arroyo, Skoufis, Simon, Pellegrino, Lavine, Cook, Hooper, Rosenthal L
 
MLTSPNSRAbbate, Crespo, Englebright
 
Amd §120.05, Pen L
 
Relates to the assault of physicians providing direct patient care; provides that assault of physicians shall be assault in the second degree, a class D felony.
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A10225 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10225
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the penal law, in relation to the assault of physicians providing direct patient care   PURPOSE OR GENERAL IDEA OF BILL: TO ENSURE that the current law which classifies an assault on a person providing direct patient care as an assault in the second degree under section 120.05 of the Penal law includes physicians.   SUMMARY OF SPECIFIC PROVISIONS: 1. Amends subdivisions 3, 3-c and 11-c of section 120.05 of the penal law to include assaults on physicians and on all persons providing direct patient case regardless of health care setting. Physician in this bill has the same definition as in article 131 of education law.   JUSTIFICATION: Current law provides the protections afforded in this bill to a variety of health care and public safety professions, ranging from registered nurses no firefighers, emergency medical technicians and even sanitation enforcement agents. Following the tragic shooting of Dr. Tracy Tam at Bronx Lebanon hospital on June 30, 2017, this bill seeks to ensure that the same standards and protections are applied to physicians as other professions and inclusive of all health care setting's where direct patient care is provided. This proposal is consistent with the current inclusion of nurses and other health care professions and will lead to greater protections for health care workers that have dedicated their lives to improving the health and wellbeing of others. According to the Bureau of Labor Statistics, 74% of all non-fatal assaults that happen within the work place involve healthcare workers. This number may be lower than the actual amount, due to under reporting. Because of the high number of assaults they are exposed to, many physi- cians have resigned themselves to handling these dangerous situations without complaint. At least thirty-one states, including New York have instituted laws making the assault of nurses a felony. In every state in the country it is a felony to assault police officer, fire fighter, and EMT. It must be made clear that physicians have the same protections under the law against assault. Physicians, who provide life-saving and crucial medical care should not be left vulnerable to assault. By ensuring the law is clear, this legislation can provide a safe work environment For physicians and all professionals providing direct patient care regardless of practice setting.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect ninety days after it shall have become a law.
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