New law in North Carolina puts law enforcement in hospital emergency departments

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Hospital room by is licensed under Canva
RALEIGH, NC - A new law that aims to better protect healthcare providers and the public took effect on Tuesday, October 1st, and will result in emergency rooms having armed law enforcement stationed there. 

According to reports, language from House Bill 809, titled "Hospital Violence Protection Act," was inserted into Senate Bill 425, the 2024 legislative update for the North Carolina Department of Health and Human Services (DHHS). For the purposes of the new law, a law enforcement officer can be a sworn officer, a special officer under state law or a campus police officer who is authorized to carry a concealed weapon.

The law mandates that every licensed North Carolina hospital with an emergency department "conduct a security risk assessment" and develop a security plan submitted to DHHS. The law specifies that the security plan is not a public document. 

The arming of law enforcement officers comes after Atrium Health Wake Forest Baptist, Cone Health, and Novant Health Inc. placed metal detectors at the entrance of their hospital emergency departments. Weapons, such as firearms, knives or blades, brass knuckles, mace or pepper spray, are already prohibited on hospital property. 

Novant said that its existing protective services, which includes armed public safety officers, "align with the goals of the Hospital Violence Protection Act and our safety plans have been reviewed by the appropriate officials."

Chris Comer, Cone Health's executive director of Security and Emergency Management said in a statement, "Cone Health is prepared to be compliant with the required legislation with the help and support from our local law enforcement agencies as well as a company police model to supply officers to our emergency departments across the enterprise."

He added, "Cone has provided 24/7 law enforcement coverage in our facilities for many years leading up to the new bill and supports the new legislation to keep our patients, visitors and employees as safe as possible." 

Hospitals that were unable to comply by October 1st were required to submit a request for an extension, which could be granted to June 1, 2024. According to the law, hospitals are now required to "develop and implement a security plan with protocols to ensure that at least one law enforcement officer is present at all times, except when temporarily required to leave in connection with the discharge of their duties, in the emergency department or on the same campus as the emergency department."

As indicated by the law, those involved in creating the security plan include the emergency department's medical director and nurse leadership, law enforcement officers employed or contracted by the hospital, and a local law enforcement representative.

Additionally, the law states, "These identified risks shall take into consideration the hospital's trauma level designation, overall patient volume, volume of psychiatric and forensic patients, incidents of violence against staff and level of injuries sustained from such violence, and prevalence of crime in the community."

Security plan recommendations from the N.C. Sheriff's Association, N.C. Association of Chiefs of Police, N.C. Emergency Management Association, and N.C. Healthcare Association will be assisting DHHS.

According to the law, all law enforcement officers are required to complete training that is "appropriate for the populations served by the emergency department ... based on a trauma-informed approach to identifying and safely addressing situations involving patients, family members, or other persons ... and those who pose a risk of harm to themselves or others due to mental illness or substance use disorder or who are experiencing a mental health crisis."

The North Carolina Health Association (NCHA) said that the new law's requirement is part of "creating safe environments for patients, staff and visitors [that] is a top priority for North Carolina hospitals." The NCHA said that the training required by law enforcement includes methods to de-escalate potential incidents. Hospitals are to collect and report data on incidents to DHHS.
 
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