New legal protections for NHS staff against nuisance and disruptive behaviour in hospitals have come into force in Wales.

The changes create a specific offence of causing nuisance or disturbance on NHS premises and give the police and authorised NHS officers the power to remove people.

Nuisance and disruptive behaviour includes verbal abuse, physically obstructing corridors, preventing staff from carrying out their duties and creative excessive noise in waiting areas, wards and other areas. The powers do not apply to patients seeking medical advice, treatment or care for themselves.

People who cause a nuisance or disturbance; who refuse to leave when asked by staff or police, and are not on the premises to receive medical care themselves, could be affected by the powers.

The new powers, which are part of the Criminal Justice and Immigration Act 2008, are designed to protect staff, patients and visitors so that vital NHS services can continue without disruption.

It will also give police the power to remove a person suspected of committing the offence, using reasonable force if necessary.

It has been developed in partnership with the Anti-Violence Collaborative, Police, Crown Prosecution Service, NHS Wales organisations and trade unions.

The latest findings from the All‑Wales NHS Staff Survey shows a sharp drop in staff feeling safe from abuse by patients and the public, falling from 83.6% to 74.8%.

Cabinet Secretary for Health and Social Care, Jeremy Miles said:"These powers strengthen protections for our NHS staff and help ensure that our hospitals and healthcare settings remain safe for staff and patients where care can flourish.

"This is about safety, dignity and supporting the workforce. It does not criminalise people seeking care - it ensures that staff can do their jobs free from fear and people can receive treatment in calm, secure environments.

"It sends a strong, positive signal: in Wales we stand with our NHS workforce.”

Chair of the Anti-Violence Collaborative, Jonathan Webb said:“This represents a further milestone in the collaboration between health services and the criminal justice sector in responding to incidents of violent behaviour exhibited by a minority of service users.

“We hope that this further reduces the number of incidents of violence and aggression seen.”

For the purposes of this legislation, NHS premises in Wales means:

  • Any hospital managed by a relevant Welsh NHS body (an NHS Trust or Local Health Board)
  • Any building, structure or vehicle associated with the hospital and situated on hospital grounds
  • The hospital grounds themselves

The definition does not include GP surgeries, dental practices, pharmacies, hospices or private ambulance providers unless they are located within hospital grounds.

Nuisance or disturbance can include, but is not limited to:

  • Intimidating behaviour or gestures
  • Verbal abuse or use of foul language
  • Physically obstructing corridors, doorways or thoroughfares
  • Preventing or impeding staff from carrying out their duties
  • Creating excessive noise in waiting areas, wards and other areas
  • Ignoring visiting hours or limits on visitor numbers
  • Physical violence or assault against NHS staff, patients or visitors is covered by other criminal offences.