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Nurses fight for HB 159: Bill would protect them from criminal charges

nursing shortage
Posted at 5:40 PM, Feb 08, 2024
and last updated 2024-02-08 17:43:34-05

FRANKFORT, Ky. (LEX 18) — Hundreds of nurses visited the state House chamber in Frankfort on Thursday morning, hoping to see legislators pass HB 159.

The House Bill, in part, protects healthcare providers from criminal prosecution when honest mistakes are made on the job.

“We just want to make sure no one is going to jail for something that is purely human error,” said Kristen Butler, communications chief for the Kentucky Nurses Association.

Butler said there are examples of many nurses around the country who are currently jailed over honest mistakes that can happen when doing such a challenging job and, at times, with limited resources.

“It doesn’t save them from civil liability,” Butler said of the bill. “It just makes sure they’re not going to jail for an error that happened due to insufficient patient ratios,” she explained.

Governor Andy Beshear addressed association members, praising their work before, during, and after the pandemic.

“It is because of all of you that tens of thousands of Kentuckians are alive today who wouldn’t otherwise be,” the Governor said before taking a few questions from the crowd members.

HB 159 also includes language concerning workforce support for nurses while fighting for a school nurse to be hired inside every Kentucky school. Only 59% of Kentucky’s 120 counties have a nurse in each school building.

“We’ve been trying to get that passed for years,” said Dr. Marsha Woodall of the Nurses Action Coalition.

Instances of medical malpractice would not be immune to trial if HB 159 passes; they’d be kept on the civil liability level when there is no intent or malicious activity.

“If there is motive, if someone is intentionally doing wrong, then this bill won’t apply,” Butler stated.