Creates provisions relating to health care professionals and workplace violence
Additionally, the bill stipulates that healthcare facilities are prohibited from mandating specific training that restricts physical control of violent patients. This allows workers the flexibility to respond to dangerous situations without being bound to predetermined holds or methods. By shielding healthcare professionals from liability in certain scenarios—especially where there is a reasonable basis for concern about violence—the bill seeks to foster a safer working environment in healthcare settings.
Senate Bill 1385 seeks to enhance the safety of healthcare workers by introducing a new section to chapter 191 of RSMo. The bill establishes that no employee or contractor of a licensed healthcare facility can be required to physically engage with a patient exhibiting violent tendencies if they have a reasonable fear of bodily harm. This provision aims to protect healthcare workers who often face aggressive behaviors, ensuring their safety while performing their duties.
Moreover, the legislation mandates that if a patient who poses a danger escapes from custody, the healthcare facility and associated staff cannot be held liable, provided they acted in good faith. This stipulation aims to clarify the legal responsibilities of healthcare providers when dealing with violent patients and is expected to generate further debate on its implications for patient care and facility accountability.
There are, however, critical considerations and potential points of contention associated with SB1385. Critics may argue that allowing employees to refrain from engaging with potentially violent patients could lead to neglect or inadequate care for individuals who are in need of immediate attention. It could raise concerns about how to balance the protection of healthcare workers with the rights and needs of patients, particularly those experiencing crises that may lead to aggressive behavior.