SECTION 1. The Legislature finds and declares all of the following:
(a) In a national survey by the Journal of Emergency Medicine, it was found that out of 263 residents and attendants, 78 percent of them experienced at least one act of workplace violence in just 12 months.
(b) According to the United States Department of Labor Bureau of Labor Statistics, health care workers experience the most nonfatal incidents of workplace violence compared to other professions, with violent attacks accounting for almost 70 percent of all nonfatal workplace assaults, causing days away from work in
the United States.
(c)According to the Journal of Nursing Administration, in hospitals, violence occurs most frequently in psychiatric wards, emergency departments, waiting rooms, and geriatric units. Studies have found that 35 percent to
80 percent of hospital staff have been physically assaulted at least once during their careers.
(d)According to the Journal of Nursing Administration, the 24-hour accessibility of emergency departments, the lack of adequately trained, armed, or visible security guards, and a highly stressful environment are some of the reasons why emergency departments are especially vulnerable to violence.
(e)
(c) In a 2018 survey by the American College of Emergency Physicians, 7 in 10 respondents said their
hospital reported the incident, yet only 3 percent pressed charges.
(d) In 2014, in an effort to keep health care workers safe from the recognized hazard of workplace violence, the Legislature passed Senate Bill 1299, which required the Division of Occupational Safety and Health to adopt regulations focused on the issue of health care workplace violence prevention. In 2017, the division adopted Section 3342 of Title 8 of the California Code of Regulations. This act supplements and in no way abrogates these existing regulations.
(f)
(e) Although hospitals have taken numerous measures to protect their staff and everyone in the hospital, additional help is needed to ensure that when patients do assault individuals in the hospital, they are held accountable and the penalties act as a deterrent from future assaultive behavior.
(g)
(f) Under current California law, if a serious injury is sustained, or weapons are used, a battery may be prosecuted as a felony.
(h)
(g) As of 2018, California is one of the few states that has not passed a felony law that pertains to violence committed inside a health care facility.