LOUISVILLE, Ky. — Caregivers across the nation are being showered with gratitude for National Nurses Week. In Kentucky, nurses themselves are celebrating House Bill 159 which protects healthcare professionals from unintentional medical errors. But there are still other legalities they are not shielded from.
It was was another busy day at Baptist Health Louisville in St. Matthews on Thursday. Nurses were walking the hallways assisting patients and dealing with the stresses of the job.
Nicky Wright, chair of the Kentucky Nurse Association's (KNA)Education and Research Cabinet, said right now health care providers could face criminal charges if they make an unintentional medical mistake.
"We don't want it to be punitive," Wright said. "We want to make sure that people understand that we are human and that we make mistakes. As nurses we know that when we give patients medications, even if I were to take a medication I don't know if I'm allergic to it unless I take it."
HB 159 passed without restriction through state lawmakers and was signed by Gov. Andy Beshear in late-March. State Representative Kevin Bratcher (R-District 29) was one of the many sponsors of the bill.
"People make mistakes," Bratcher said. "Our nurses try really hard and if they make a mistake or if they hurt somebody then yes you should be able to sue them. But not put them in jail."
The legislation does not give healthcare workers like doctors or nurses full immunity.
"Say for instance, as a nurse, that I've intentionally done something to a patient," Wright said. "Gave them too much medicine then I'm not protected because once there's been a thorough investigation and it's proven that I maliciously did something, then of course that House Bill is not going to protect me -- because I intentionally have done harm."
The new law doesn't shield healthcare professionals from civil suits, however. Families can still have this option to take a healthcare worker to court.
"They should not have to go to jail for their mistakes and there are some intense prosecutors that are trying to do that in other parts of the country," Bratcher said. "Not in Kentucky."
KNA said this piece of legislation is the first-of-its-kind across the nation.
"This is an issue where we will be the leader and hopefully many other states will do this." Bratcher said.
Wright said that KNA advocated with state lawmakers to create this protection.
"We always want to be the ones out there in the front doing things that are not common in other organizations, other state organizations," Wright said.
HB 159 will officially go into effect in June.
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