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Doctors and hospitals urge felony penalty for assaults on hospital staff; committee hears safety, scope concerns

January 28, 2025 | Judiciary, House of Representatives, Legislative, North Dakota


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Doctors and hospitals urge felony penalty for assaults on hospital staff; committee hears safety, scope concerns
Representative Pat Heinert introduced House Bill 1341 to amend section 12.1‑17‑01 of the North Dakota Century Code to include hospital workers among persons protected by the statute that already elevates assaults against certain responders. Heinert said the bill would make assault on hospital workers — for example, nurses responding to patients — a felony in specified circumstances and argued hospitals face workplace violence similar to law enforcement and emergency responders.

Tim Blasl, president of the North Dakota Hospital Association, and Dr. Lacey Armstrong, a psychiatrist at Sanford Bismarck, testified in favor. Dr. Armstrong described repeated violent incidents against nurses and staff, distinguishing between patients who are delirious or incapacitated (who may lack culpability) and patients who are knowingly aggressive (for example, persons malingering, intoxicated, or with a history of violence). She said assaults on nurses and other staff are common, sometimes severe and sometimes deter nurses from continuing in the profession. The hospital association identified staffing and retention concerns tied to workplace violence.

During committee questioning members raised scope issues and potential unintended consequences. Representative Vedder asked why the bill used the broad term "hospital worker" that could include custodial staff or administrators; sponsor Heinert agreed the term might capture custodial staff whose duties place them at risk. Members also asked how the proposed new felony classification would interact with existing criminal law distinguishing simple assault from aggravated assault, and whether incidents involving delirious or mentally impaired patients could wrongly result in felony charges. Witnesses said the aggravated‑assault threshold (serious bodily injury) and prosecutorial discretion would limit prosecutions in some instances; they emphasized that the bill targets knowingly violent conduct.

Why it matters: Hospital testimony described increased workplace violence against staff, staffing and retention impacts, and the bill would raise penalties for certain assaults that occur in hospital settings.

What’s next: Committee closed the morning hearing and recessed for the legislative floor session; the committee plans to resume the hearing later in the day. No committee vote was recorded during the morning session.

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