As of July 1, 2024, Tennessee has enacted a new law, T.C.A. 39-13-118, which specifically addresses assault within healthcare facilities. This law aims to protect healthcare workers and patients by imposing stricter penalties on those who commit acts of violence or offensive contact within healthcare settings.
What Constitutes Assault Within a Healthcare Facility?
Under T.C.A. 39-13-118, assault within a healthcare facility is defined as:
- Knowingly causing bodily injury to another person within a healthcare facility.
- Knowingly causing physical contact with another person within a healthcare facility that a reasonable person would find extremely offensive or provocative. This includes, but is not limited to, actions such as spitting, throwing, or transferring bodily fluids, bodily pathogens, or human waste onto another person.
The law also covers aggravated assault within healthcare facilities, which involves:
- Serious bodily injury to the victim.
- Death of the victim.
- Use or display of a deadly weapon.
- Strangulation or attempted strangulation.
Penalties for Assault Within Healthcare Facilities
The penalties for assault within a healthcare facility are stringent:
- Assault (subsection a) is classified as a Class A misdemeanor, punishable by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration. The defendant must serve the full 30-day sentence without eligibility for early release.
- Aggravated assault (subsection b) is classified as a Class C felony, punishable by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration. The defendant must serve the full 90-day sentence without eligibility for early release.
Differentiation from Simple Assault
This new law differentiates itself from simple assault under T.C.A. 39-13-101 by adding specificity to the context and nature of the assault. While simple assault includes causing bodily injury, offensive contact, or fear of imminent injury, T.C.A. 39-13-118 specifically targets actions within healthcare facilities and includes behaviors such as spitting or transferring bodily fluids, which are explicitly mentioned as offenses.
Common Scenarios Leading to Charges
Scenario 1: DUI Blood Draw at Williamson Medical Center Imagine a situation where an individual is brought to Williamson Medical Center for a mandatory blood draw following a DUI arrest. If the individual resists and ends up spitting on a healthcare worker or causing physical harm, they could be charged under this new law. This behavior, now specifically addressed, results in significant legal consequences beyond those for a typical DUI offense.
Scenario 2: High Tensions in the Emergency Room Emergency rooms are often high-stress environments. Patients or their family members might react aggressively due to fear, pain, or frustration. In such a scenario, if a person spits on or physically assaults a healthcare worker, they could be charged under T.C.A. 39-13-118. At The Law Office of Nichole Dusche, we handle such cases with compassion and understanding, recognizing the complex emotions and situations that can lead to these incidents. We are dedicated to ensuring that our clients receive fair treatment and are well-represented throughout the legal process.
Conclusion
The enactment of T.C.A. 39-13-118 highlights the state’s commitment to protecting healthcare professionals and patients from violence and offensive contact within healthcare settings. By understanding the specifics of this law, individuals can better navigate their interactions within healthcare facilities and avoid severe legal repercussions.
At The Law Office of Nichole Dusche, we are dedicated to keeping our community informed about important legal updates. If you have questions about this new law or find yourself facing charges under T.C.A. 39-13-118, please contact us for a consultation. Knowledge is the first step in protecting your rights and the rights of those you care about.