| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to implementation of a workplace violence prevention plan |
|
|
in certain hospitals; providing an administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 311, Health and Safety Code, is amended |
|
|
by adding Subchapter G to read as follows: |
|
|
SUBCHAPTER G. WORKPLACE VIOLENCE PREVENTION PLAN |
|
|
Sec. 311.101. DEFINITIONS. In this subchapter: |
|
|
(1) "Department" means the Department of State Health |
|
|
Services. |
|
|
(2) "Executive commissioner" means the executive |
|
|
commissioner of the Health and Human Services Commission. |
|
|
(3) "Hospital" means: |
|
|
(A) a general hospital or special hospital |
|
|
licensed under Chapter 241 or exempt from licensure under Section |
|
|
241.004(3); or |
|
|
(B) a private mental hospital licensed under |
|
|
Chapter 577. |
|
|
Sec. 311.102. WORKPLACE VIOLENCE PREVENTION PLAN. (a) The |
|
|
executive commissioner by rule shall establish policies and |
|
|
procedures to require each hospital to develop and implement a |
|
|
workplace violence prevention plan to protect health care providers |
|
|
and hospital employees from violent behavior occurring at the |
|
|
hospital. |
|
|
(b) In establishing the policies and procedures required |
|
|
under Subsection (a), the executive commissioner shall: |
|
|
(1) adopt a definition of "workplace violence" that |
|
|
must include: |
|
|
(A) an act of physical force by a hospital |
|
|
patient or a person accompanying the patient against a health care |
|
|
provider or hospital employee that results in, or is likely to |
|
|
result in, physical injury, psychological trauma, or stress, |
|
|
regardless of whether the health care provider or hospital employee |
|
|
sustains an actual injury; and |
|
|
(B) an incident involving the use of a firearm or |
|
|
other dangerous weapon, regardless of whether a health care |
|
|
provider or hospital employee is injured by the weapon; |
|
|
(2) prescribe minimum standards for a hospital |
|
|
workplace violence prevention plan that must: |
|
|
(A) require that a hospital's health care |
|
|
providers, permanent employees, and, if applicable, temporary |
|
|
employees, who provide direct patient care receive the training |
|
|
described by Subsection (c)(1) at least annually; |
|
|
(B) prescribe a system for responding to and |
|
|
investigating violent incidents or potentially violent incidents |
|
|
at a hospital; |
|
|
(C) address factors that may increase or decrease |
|
|
incidents of workplace violence at a hospital, including: |
|
|
(i) the hospital's staffing plans and |
|
|
patient classification systems; |
|
|
(ii) the hospital's security or emergency |
|
|
response system, including the alarm system, an alert system, and |
|
|
the availability of security personnel; |
|
|
(iii) security risks associated with public |
|
|
access to specific areas of the hospital and the area surrounding |
|
|
the hospital; and |
|
|
(iv) security concerns associated with |
|
|
particular types of hospital employment, equipment, and |
|
|
facilities; and |
|
|
(D) require a hospital to solicit input from |
|
|
health care providers, hospital employees, and, if applicable, the |
|
|
provider's and employee's collective bargaining agents, when |
|
|
developing and implementing a workplace violence prevention plan; |
|
|
and |
|
|
(3) establish criteria to ensure that a workplace |
|
|
violence prevention plan developed by a hospital is suitable given |
|
|
the hospital's needs and resources. |
|
|
(c) The department shall: |
|
|
(1) develop a workplace violence prevention training |
|
|
program designed to educate health care providers and hospital |
|
|
employees about the following topics: |
|
|
(A) recognizing the potential for violence; |
|
|
(B) appropriately responding to violent |
|
|
incidents; |
|
|
(C) seeking assistance to prevent or to respond |
|
|
to a violent incident; |
|
|
(D) reporting violent incidents to appropriate |
|
|
law enforcement authorities; and |
|
|
(E) identifying the resources that are available |
|
|
to health care providers and hospital employees subjected to a |
|
|
violent incident, including critical incident stress debriefing |
|
|
and other employee assistance programs; and |
|
|
(2) require each hospital to electronically submit the |
|
|
hospital's workplace violence prevention plan to the department |
|
|
each year for review to ensure the plan remains effective and |
|
|
appropriate for that hospital. |
|
|
Sec. 311.103. ADOPTION AND IMPLEMENTATION OF PLAN BY |
|
|
HOSPITAL. The governing body of a hospital shall: |
|
|
(1) adopt and implement a workplace violence |
|
|
prevention plan that meets the minimum standards prescribed by |
|
|
Section 311.102; |
|
|
(2) electronically submit the plan to the department |
|
|
each year for review by the department; and |
|
|
(3) if applicable, make changes requested by the |
|
|
department in response to the department's review of the plan. |
|
|
Sec. 311.104. DEPARTMENT REVIEW. (a) The department shall |
|
|
review each hospital's workplace violence prevention plan |
|
|
submitted once a year under Section 311.103 to ensure the plan |
|
|
remains effective and appropriate for that hospital. |
|
|
(b) The department may require that a hospital amend a |
|
|
provision of the hospital's workplace violence prevention plan if |
|
|
the department determines that the plan does not meet the minimum |
|
|
requirements prescribed by Section 311.102 or is no longer |
|
|
effective and appropriate for that hospital. |
|
|
Sec. 311.105. POSTING REQUIREMENT. (a) The governing body |
|
|
of a hospital shall require notice to be posted in a conspicuous |
|
|
place in each unit or area of the hospital for view by the staff that |
|
|
summarizes the hospital's workplace violence prevention plan. |
|
|
(b) The executive commissioner by rule shall prescribe the |
|
|
form of the notice required by this section. |
|
|
Sec. 311.106. RECORDS OF VIOLENT INCIDENTS; REPORTING |
|
|
REQUIREMENT. (a) A hospital shall: |
|
|
(1) retain, for a period of at least five years, a |
|
|
written record of each incident of workplace violence that occurs |
|
|
in or near the hospital and that is reported to the governing body |
|
|
of the hospital, regardless of whether a health care provider or |
|
|
hospital employee sustains an actual injury resulting from the |
|
|
violent incident; and |
|
|
(2) report an incident described by Subdivision (1) to |
|
|
the department: |
|
|
(A) within 24 hours, if the incident involves the |
|
|
use of a firearm or other dangerous weapon or presents an urgent |
|
|
threat to the health, safety, or welfare of hospital personnel; or |
|
|
(B) within 72 hours, for all other incidents. |
|
|
(b) Not later than January 31 of each year, the department |
|
|
shall prepare a summary report relating to incidents of workplace |
|
|
violence at hospitals and post that report on the department's |
|
|
Internet website. The department shall ensure that the report does |
|
|
not contain personally identifiable information of any individual. |
|
|
The summary report must include: |
|
|
(1) the total number of reports of incidents of |
|
|
workplace violence at hospitals the department received under |
|
|
Subsection (a)(2) during the preceding year; |
|
|
(2) the identity of each hospital that submitted a |
|
|
report described by Subdivision (1); |
|
|
(3) a description of the outcome of any inspection or |
|
|
investigation related to a report described by Subdivision (1); |
|
|
(4) whether the department identified any violations |
|
|
of law or department rules during the inspection or investigation |
|
|
or imposed a sanction as a result of the inspection or violation; |
|
|
and |
|
|
(5) any recommendations the department may have to |
|
|
prevent future incidents of workplace violence at hospitals. |
|
|
Sec. 311.107. ADMINISTRATIVE PENALTY. The commissioner of |
|
|
state health services may assess an administrative penalty as |
|
|
provided by Section 241.059 against a hospital, including a private |
|
|
mental hospital licensed under Chapter 577, that violates this |
|
|
subchapter. |
|
|
Sec. 311.108. ASSISTANCE OF TEXAS WORKFORCE COMMISSION. |
|
|
The department may request the assistance of the Texas Workforce |
|
|
Commission in performing a duty under this subchapter. The |
|
|
commission shall provide the requested assistance. |
|
|
Sec. 311.109. RULES. The executive commissioner shall |
|
|
adopt rules necessary to implement this subchapter. |
|
|
SECTION 2. (a) Not later than December 1, 2015, the |
|
|
executive commissioner of the Health and Human Services Commission |
|
|
shall adopt rules and minimum standards for a hospital workplace |
|
|
violence prevention plan as required by Subchapter G, Chapter 311, |
|
|
Health and Safety Code, as added by this Act. |
|
|
(b) Not later than March 1, 2016, a hospital shall adopt and |
|
|
implement a workplace violence prevention plan developed by the |
|
|
hospital in accordance with the rules and minimum standards adopted |
|
|
by the executive commissioner of the Health and Human Services |
|
|
Commission and submit the plan to the Department of State Health |
|
|
Services for review as required by Section 311.103, Health and |
|
|
Safety Code, as added by this Act. |
|
|
(c) In each year after 2016, a hospital shall submit the |
|
|
hospital's workplace violence prevention plan to the Department of |
|
|
State Health Services for review, as required by Section 311.103, |
|
|
Health and Safety Code, as added by this Act, on January 1. If the |
|
|
department notifies a hospital that the hospital's plan must be |
|
|
amended, the hospital must submit the amended plan to the |
|
|
department not later than May 1. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |