Bill would stiffen penalties for threats to health workers; local health officer testifies

Washington County's public health officer testified Tuesday about being threatened and his child harassed at school as Maryland lawmakers consider a bill aimed at making threats against a public health official or hospital staff member a separate criminal offense.

Stoner told the Maryland House Judiciary Committee that he has received written and verbal threats, and been harassed in public.

"I had my child harassed at school. And in response to ... threats ... I've had to have law enforcement and security patrols," said Stoner, according to a YouTube video of Tuesday's committee hearing.

Other health officers throughout the state have been on the receiving end of similar, and in some cases more threatening, behavior, Stoner said.

Stoner told committee members that public health officers are at the forefront of many issues, including the COVID-19 pandemic.

Understandably, people have disagreed with recommendations issued, he said.

But the level of harassment and intimidation from some community members during this time has been "unprecedented," Stoner said.

Stoner did not specifically mention policies about masking or the temporary closing of certain businesses — both of which were a result of state orders local health officials and law enforcement were tasked with enforcing.

Stoner declined further comment Wednesday through a county health department spokesperson.

Washington County Health Officer Earl Stoner described the mobile farmers market program July 22, 2019, to the county commissioners, who serve as the Board of Health.
Washington County Health Officer Earl Stoner described the mobile farmers market program July 22, 2019, to the county commissioners, who serve as the Board of Health.

The bill

House Bill 267 prohibits a person from threatening a public health official or hospital staff member with the "intent to intimidate, interfere with, or impede" them from performing their official duties. Violators could face up to 90 days in prison and/or a fine of up to $500 if convicted of the proposed misdemeanor.

That is the same penalty for a first offense for general harassment under Maryland law. A second or subsequent offense could result in a sentence of up to 180 days and/or up to a $1,000 fine.

Stoner told the committee it would be ideal to see public health officials get comparable protections to those for state and local elected officials, citing the fine of up to $2,500 and a prison sentence of up to three years.

More lenient conditions in the bill "are a step in this direction," Stoner said.

Local delegate on the committee

Del. Brenda Thiam, R-Washington, told The Herald-Mail on Wednesday that no one should be threatened for doing their job.

Thiam is a member of the Judiciary Committee and was present during Stoner's testimony.

"We certainly don't want people going out and threatening people's lives and family— trying to intimidate them into believing in or supporting their cause," Thaim said. "We can't have people doing that."

Thiam added that the bill also opened up questions for her about protection for other county officials like police officers, firefighters, teachers and administrators. She said she wondered if the committee needs to look at expanding the bill to those officials as well.

"I'm going to continue to read the bill and read the other testimonies again, before it comes up (again)," Thiam said. "And (I will be) making a very well-informed decision after reviewing the testimony."

To be passed as emergency legislation, as proposed, the bill has to pass with a three-fifths majority in both the House and Senate. It would then be effective immediately upon the governor's signature.

The House bill's lead sponsor is Del. Karen Lewis Young, D-Frederick, and the Senate bill's lead sponsor is Sen. Ronald Young, D-Frederick.

Threats against health care workers

The committee also heard from representatives of hospitals, health systems and a former county health officer for Montgomery County.

Jane Krienke, with the Maryland Hospital Association, said the state is facing a "staggering health care workforce crisis" with more than 3,900 nursing vacancies. That's a 50% increase since August.

While working on the pandemic frontlines, those "health care heroes" also have faced increasing incidents of workplace violence, Krienke said. That workplace violence "leads to higher staff turnover, absenteeism, deterioration of employee morale and burnout," she said.

The threats are not just against those providing medical and personal care, but against any hospital staff, Krienke said. She recommended the bill be broadened to protect anyone employed by a hospital.

The bill, if passed, could be a tool not only to help current health care workers, but also to encourage people considering careers in health care, Krienke said.

Bernie Gerst, assistant vice president of security for LifeBridge Health in Baltimore, said health care workers have been threatened or assaulted for enforcing visitor restrictions or masking requirements, or asking a disorderly person to leave. While the examples the committee had heard were pandemic-related, Gerst said there are other instances such as when someone threatens to kill a surgeon if a surgery patient doesn't survive.

"If subject to these kinds of threats, would you be shaken or rattled and would you be able to concentrate on your job after having one of these threats made?" Gerst asked the committee.

This article originally appeared on The Herald-Mail: Washington County health officer threatened; bill would hike penalties