1     
HEALTH CARE WORKER PROTECTION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     Committee Note:
9          The Health and Human Services Interim Committee recommended this bill.
10               Legislative Vote:     14 voting for     0 voting against     4 absent
11     General Description:
12          This bill enacts provisions relating to the assault of an owner, employee, or contractor
13     of a health facility.
14     Highlighted Provisions:
15          This bill:
16          ▸     enacts enhanced penalties for assault or threat of violence against an owner,
17     employee, or contractor of a health facility; and
18          ▸     creates an automatic sunset date for the provisions in this bill.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63I-2-276, as last amended by Laws of Utah 2019, Chapter 124
26          76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 63I-2-276 is amended to read:
30          63I-2-276. Repeal dates -- Title 76.
31          (1) Subsection 76-5-102.7(1)(b), regarding assault or threat of violence against an
32     owner, employee, or contractor of a health facility, is repealed January 1, 2027.
33          [(1)] (2) If Section 76-7-302.4 is not in effect before January 1, 2029, Section
34     76-7-302.4 is repealed January 1, 2029.
35          [(2)] (3) Section 76-7-305.7 is repealed January 1, 2023.
36          Section 2. Section 76-5-102.7 is amended to read:
37          76-5-102.7. Assault against health care provider and emergency medical service
38     worker -- Penalty.
39          (1) (a) A person who commits an assault or threat of violence against a health care
40     provider or emergency medical service worker is guilty of a class A misdemeanor if:
41          [(a)] (i) the person is not a prisoner or a person detained under Section 77-7-15;
42          [(b)] (ii) the person knew that the victim was a health care provider or emergency
43     medical service worker; and
44          [(c)] (iii) the health care provider or emergency medical service worker was performing
45     emergency or life saving duties within the scope of his or her authority at the time of the
46     assault.
47          (b) A person who commits an assault or threat of violence against an owner, employee,
48     or contractor of a health facility is guilty of a class A misdemeanor if:
49          (i) the person is not a prisoner or a person detained under Section 77-7-15;
50          (ii) the person knew that the victim was an owner, employee, or contractor of a health
51     facility; and
52          (iii) the owner, employee, or contractor of a health facility was acting within the scope
53     of his or her duties for the health facility.
54          (2) A person who violates Subsection (1) is guilty of a [third degree] third-degree
55     felony if the person:
56          (a) causes substantial bodily injury, as defined in Section 76-1-601; and
57          (b) acts intentionally or knowingly.
58          (3) As used in this section:
59          (a) "Assault" means the same as that term is defined in Section 76-5-102.
60          (b) "Emergency medical service worker" means a person licensed under Section
61     26-8a-302.
62          (c) "Health care provider" means the same as that term is defined in Section
63     78B-3-403.
64          (d) "Health facility" means:
65          (i) a health care facility as defined in Section 26-21-2; and
66          (ii) the office of a private health care provider, whether for individual or group
67     practice.
68          [(d)] (e) "Threat of violence" means the same as that term is defined in Section
69     76-5-107.