You’ve been charged with assault or assault and battery on a nurse, EMT, doctor, or other health care worker, or someone in your family has. These cases often start in an emergency room or the back of an ambulance, at a moment when someone was sick, scared, or confused. It’s natural to be worried. Here’s what the law actually says, in plain words.
At a Glance: Assault and Battery on a Health Care Provider
Misdemeanor
no state prison term (G.L. c. 274, § 1)
No license penalty
§ 13I doesn’t suspend or revoke a license
$500 to $5,000
fine, alone or together with jail
90 days to 2½ years
house of correction, if jail is imposed
The law: G.L. c. 265, § 13I
This post covers what the law says, who counts as a health care provider, how people end up charged, what the Commonwealth has to prove, the penalties, how this differs from simple assault and battery, and where a defense comes from.
What the Law Says
It’s a crime to assault, or assault and batter, an EMT, ambulance worker, or health care provider while they’re treating or transporting someone.
The law is G.L. c. 265, § 13I. It covers “Whoever commits an assault or an assault and battery on an emergency medical technician, an ambulance operator, an ambulance attendant or a health care provider as defined in section 1 of chapter 111, while the technician, operator, attendant or provider is treating or transporting a person in the line of duty.”
Two things stand out. The law covers an assault, not just an assault and battery. And it applies only while the worker is “treating or transporting a person in the line of duty.”
Who Counts as a Health Care Provider
The law uses the definition in G.L. c. 111, § 1, which is broad.
A “health care provider” includes:
- A licensed doctor of medicine, osteopathy, or dental science;
- A registered nurse, registered pharmacist, social worker, chiropractor, or psychologist licensed under G.L. c. 112;
- An intern, resident, fellow, or medical officer licensed under G.L. c. 112, § 9;
- A licensed hospital, clinic, or nursing home “and its agents and employees”; and
- A public hospital “and its agents and employees.”
Section 13I also names emergency medical technicians (EMTs), ambulance operators, and ambulance attendants.
What “Assault” and “Assault and Battery” Mean
Section 13I doesn’t define these words, so the District Court’s model jury instruction explains them.
The model jury instruction (Instruction 6.217, October 2024) describes two kinds of assault and battery:
- Intentional assault and battery: you intentionally touched the person, and the touching was “either likely to cause bodily harm” or “offensive.” A touching is “any physical contact, however slight.”
- Reckless assault and battery: you “intentionally engaged in actions which caused bodily injury,” and those actions were reckless, meaning more than just careless.
The instruction notes that “every battery includes an assault.” An assault is the lesser charge, such as trying to hit someone and missing, or threatening to hit someone.
How People End Up Facing This Charge
Most of these cases come from a stressful moment during medical care.
- A patient in the emergency room pulls away from a nurse drawing blood and strikes her arm. The question is whether that was an assault and battery on a provider “treating” a person.
- Someone who’s been drinking swings at an EMT in the back of an ambulance and misses. Section 13I covers an “assault,” so no contact is required.
- A family member shoves a doctor who is treating their relative. The law protects a provider treating “a person,” not only the person who is charged.
- A patient in a nursing home grabs an aide’s wrist during care. A licensed nursing home’s “agents and employees” count as health care providers.
- A person in a mental health crisis spits at a hospital worker during treatment. The charge depends on the touching, the worker’s role, and whether they were treating someone.
- Someone raises a fist at an ambulance operator during transport, making the operator flinch. That can be a “threatened battery,” one form of assault.
What the Commonwealth Must Prove
The Commonwealth (the state, through the prosecutor) has to prove each element beyond a reasonable doubt.
- You committed an assault, or an intentional or reckless assault and battery, as described above;
- The person was an EMT, ambulance operator, ambulance attendant, or health care provider;
- They were treating or transporting a person in the line of duty at the time; and
- You knew the person was one of those workers, treating or transporting a person in the performance of their duties. The model jury instruction lists this as an element: it’s “not enough to prove that a prudent person would have known.” The Commonwealth must prove you actually knew.
An element is one required piece of the crime. If the Commonwealth can’t prove any one of them, you can’t be convicted. Read more about criminal intent and proof beyond a reasonable doubt.
Penalties
The penalty is set in § 13I itself.
- 90 days to 2½ years in the house of correction, or
- A fine of $500 to $5,000, or
- Both.
So if jail is imposed, it’s at least 90 days. A court can impose a fine instead of jail. Section 13I doesn’t set any license penalty.
Felony or Misdemeanor?
This is a misdemeanor.
Under G.L. c. 274, § 1, “a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” Section 13I allows only house of correction time, not state prison. Read more about the difference between misdemeanors and felonies.
How This Is Different From Simple Assault and Battery
Section 13I is assault or assault and battery plus a health care worker treating or transporting someone, with tougher penalties.
- Simple assault and battery (G.L. c. 265, § 13A(a)): up to 2½ years in the house of correction or a fine of up to $1,000. No minimum.
- Section 13I: at least 90 days if jail is imposed, and a fine of $500 to $5,000.
- Extra elements: the worker’s role, that they were treating or transporting a person in the line of duty, and that you knew it.
Related Charges
Other charges can come up from the same incident.
Where a Defense Comes From
A defense starts with each element and the proof behind it.
- What happened. Was there an assault, or a touching that was intentional, or reckless and injury-causing?
- Right or excuse. Was the touching without right or excuse? See the FAQ on refusing treatment. Read about self-defense and accident.
- The worker’s role. Was the person an EMT, ambulance worker, or health care provider under c. 111, § 1?
- Treating or transporting. Were they treating or transporting a person in the line of duty at that moment?
- Knowledge. Did you know who they were and what they were doing?
Frequently Asked Questions
Does a hospital security guard or aide count as a health care provider?
The definition includes a licensed hospital, clinic, or nursing home “and its agents and employees.” The worker must also have been treating or transporting a person in the line of duty at the time.
Can I defend myself if I refused treatment?
Yes, within limits. The model jury instruction says “a person has a right to refuse medical treatment,” and a provider can’t treat you without your consent “except in certain emergency circumstances.” If you didn’t consent, you may use “as much force as reasonably appears necessary to prevent that treatment.”
If there’s evidence you didn’t consent, the Commonwealth must prove beyond a reasonable doubt that you didn’t act in self-defense. It does that by proving at least one of these:
- You agreed to the treatment, by your words, your actions, or implicitly;
- There was an emergency that needed treatment right away, you couldn’t consent, and there wasn’t time to get consent from a family member;
- You didn’t do everything reasonable to avoid a physical fight before using force; or
- You used more force than was reasonably necessary.
Is it a crime if I didn’t touch anyone?
It can be. Section 13I covers an “assault,” which includes an attempted or threatened battery.
Is assault and battery on a health care provider a felony?
No. Section 13I has no state prison term, so under G.L. c. 274, § 1 it’s a misdemeanor.
Facing This Charge? Talk to a Lawyer
This charge turns on what happened during care, who the worker was, and what you knew at the time. You don’t have to face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
