Bill to toughen penalties for violence at ERs passes Assembly subpanel

The revised Emergency Medical Services Act, which expands the scope and penalties for assaults occurring at medical institutions, has cleared the National Assembly Health and Welfare Committee's bill review subcommittee.

“Consultation” has been added to the list of prohibited acts that interfere with emergency medical services, and new penalties for assaulting emergency medical personnel.

The Health and Welfare Committee convened the second subcommittee for bill review at the National Assembly on Tuesday. After reviewing 16 bills, it passed the Emergency Medical Services Act amendment with revisions.

The Emergency Medical Services Act revision was proposed following an assault incident on medical staff at the regional trauma center of Ajou University Hospital. That incident was handled as a simple assault case and not prosecuted under the prohibition of obstructing emergency medical services, highlighting the need for institutional improvements.

Key revisions include expanding the scope of prohibited obstructions to emergency medical services and strengthening penalties for assaulting emergency medical personnel. “We agree with the intent to strengthen penalties for assault against emergency medical personnel,” the ministry said, presenting an amendment for the combined review of the two related bills.

Accordingly, “consultation” was added to the list of acts that must not be obstructed during emergency medical care. To provide broader protection for emergency medical personnel, the location where assault incidents can occur was expanded from emergency rooms to include “outside emergency rooms,” such as regional trauma centers.

The head or operator of an emergency medical institution is now required, as stipulated by the Ministry of Health and Welfare regulations, to take protective measures if an emergency medical worker suffers harm from assault, threats, or other acts.

“Since consultations for emergency patients are also part of emergency medical care, interference with consultations also needs protection from assault,” the ministry said, adding, “We also agree with the need to establish additional protective measures, considering the unique nature of emergency medical workers.”

Penalties for assaulting emergency medical personnel were also newly established. Those who assault emergency medical personnel face up to five years in prison or a fine of up to 50 million won ($35,868). Those whose assault causes injury face up to ten years in prison or a fine of 10 million won to 100 million won.

“Because the safety of patients' guardians present in that space is also an issue, not just the protection of medical staff, we ensured that all acts, including consultations related to emergency medical procedures, and assaults occurring outside the emergency room, are subject to punishment.” Rep. Lee Soo-jin of the Democratic Party of Korea told journalists immediately after the subcommittee meeting. Lee is the chair of the Health and Welfare Committee's second subcommittee for bill review.

Rep. Lee added, “However, to prevent patients from being misunderstood as potential criminals, it is necessary to sufficiently share the intent of the law with patient groups. The penalty provisions have been revised to align with existing criminal statutes.”