1     
HEALTH CARE WORKER PROTECTION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Don L. Ipson

6     Cosponsors:
7     Cheryl K. Acton
8     Melissa G. Ballard
9     Stewart E. Barlow
10     Gay Lynn Bennion
11     Joel K. Briscoe
12     Jefferson S. Burton
13     Clare Collard
14     Jennifer Dailey-Provost
15     James A. Dunnigan
Steve Eliason
Matthew H. Gwynn
Stephen G. Handy
Suzanne Harrison
Jon Hawkins
Sandra Hollins
Karen Kwan
Ashlee Matthews
Carol Spackman Moss
Judy Weeks Rohner
Jeffrey D. Stenquist
Andrew Stoddard
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mark A. Wheatley
Stephen L. Whyte
Ryan D. Wilcox
Mike Winder

16     

17     LONG TITLE
18     General Description:
19          This bill enacts provisions relating to the assault of an owner, employee, or contractor
20     of a health facility.
21     Highlighted Provisions:
22          This bill:
23          ▸     enacts enhanced penalties for assault or threat of violence against an owner,
24     employee, or contractor of a health facility;
25          ▸     creates an automatic sunset date for the provisions in this bill; and
26          ▸     makes technical corresponding changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-2-276, as last amended by Laws of Utah 2019, Chapter 124
34          76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63I-2-276 is amended to read:
38          63I-2-276. Repeal dates -- Title 76.
39          (1) Subsection 76-5-102.7(2)(b), regarding assault or threat of violence against an
40     owner, employee, or contractor of a health facility, is repealed January 1, 2027.
41          [(1)] (2) If Section 76-7-302.4 is not in effect before January 1, 2029, Section
42     76-7-302.4 is repealed January 1, 2029.
43          [(2)] (3) Section 76-7-305.7 is repealed January 1, 2023.
44          Section 2. Section 76-5-102.7 is amended to read:
45          76-5-102.7. Assault or threat of violence against health care provider, emergency
46     medical service worker, or health facility employee, owner, or contractor -- Penalty.
47          (1) As used in this section:
48          (a) "Assault" means an offense under Section 76-5-102.
49          (b) "Emergency medical service worker" means an individual licensed under Section
50     26-8a-302.
51          (c) "Health care provider" means the same as that term is defined in Section
52     78B-3-403.
53          (d) "Health facility" means:
54          (i) a health care facility as defined in Section 26-21-2; and
55          (ii) the office of a private health care provider, whether for individual or group
56     practice.
57          (e) "Health facility employee" means an employee, owner, or contractor of a health
58     facility.
59          (f) "Threat of violence" means an offense under Section 76-5-107.
60          [(1) A person who]
61          (2) (a) An actor commits [an] assault or threat of violence against a health care
62     provider or emergency medical service worker [is guilty of a class A misdemeanor] if:
63          [(a) the person] (i) the actor is not a prisoner or a [person detained under Section
64     77-7-15] detained detail;
65          (ii) the actor commits an assault or threat of violence;
66          [(b) the person] (iii) the actor knew that the victim was a health care provider or
67     emergency medical service worker; and
68          [(c)] (iv) the health care provider or emergency medical service worker was performing
69     emergency or life saving duties within the scope of his or her authority at the time of the assault
70     or threat of violence.
71          (b) An actor commits assault or threat of violence against a health facility employee if:
72          (i) the actor is not a prisoner or a detained individual;
73          (ii) the actor commits an assault or threat of violence;
74          (iii) the actor knew that the victim was a health facility employee; and
75          (iv) the health facility employee was acting within the scope of the health facility
76     employee's duties for the health facility.
77          (3) (a) A violation of Subsection (2) is a class A misdemeanor.
78          [(2) A person who violates Subsection (1) is guilty of]
79          (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
80     felony if the [person] actor:
81          [(a)] (i) causes substantial bodily injury[, as defined in Section 76-1-601]; and
82          [(b)] (ii) acts intentionally or knowingly.
83          [(3) As used in this section:]
84          [(a) "Assault" means the same as that term is defined in Section 76-5-102.]
85          [(b) "Emergency medical service worker" means a person licensed under Section
86     26-8a-302.]
87          [(c) "Health care provider" means the same as that term is defined in Section
88     78B-3-403.]
89          [(d) "Threat of violence" means the same as that term is defined in Section 76-5-107.]