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A BILL TO BE ENTITLED
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AN ACT
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relating to workplace violence prevention in certain health care |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Health and Safety Code, is amended by |
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adding Subtitle H to read as follows: |
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SUBTITLE H. EMPLOYEES OF HEALTH CARE FACILITIES |
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CHAPTER 331. WORKPLACE VIOLENCE PREVENTION |
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Sec. 331.0001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Committee" means the workplace violence |
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prevention committee or other safety committee responsible for |
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developing and implementing a facility's workplace violence |
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prevention plan under Section 331.0002. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Facility" means: |
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(A) a home and community support services agency |
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licensed under Chapter 142; |
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(B) a hospital licensed under Chapter 241, |
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including a hospital maintained or operated by this state; |
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(C) a nursing facility licensed under Chapter |
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242; |
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(D) an ambulatory surgical center licensed under |
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Chapter 243; |
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(E) a freestanding emergency medical care |
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facility as defined by Section 254.001; and |
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(F) a mental hospital licensed under Chapter 577. |
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Sec. 331.0002. WORKPLACE VIOLENCE PREVENTION COMMITTEE. |
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(a) Each facility shall establish a workplace violence prevention |
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committee or authorize an existing safety committee to develop and |
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implement the workplace violence prevention plan required under |
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Section 331.0004. |
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(b) A committee must include at least one registered nurse |
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who provides direct care to patients of the facility and, if |
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practicable, one employee of the facility who provides security |
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services for the facility. |
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(c) A health care system that owns or operates more than one |
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facility may establish a single committee for all of the system's |
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facilities if: |
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(1) the committee develops a violence prevention plan |
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for implementation at each facility in the system; and |
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(2) data related to violence prevention remains |
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distinctly identifiable for each facility in the system. |
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Sec. 331.0003. WORKPLACE VIOLENCE PREVENTION POLICY. (a) |
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A facility shall adopt, implement, and enforce a written workplace |
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violence prevention policy in accordance with this section to |
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protect health care providers and employees from violent behavior |
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and threats of violent behavior occurring at the facility. |
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(b) The workplace violence prevention policy adopted under |
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Subsection (a) must: |
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(1) require the facility to: |
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(A) provide significant consideration of the |
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violence prevention plan recommended by the facility's committee; |
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and |
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(B) evaluate the facility's existing plan; |
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(2) encourage health care providers and employees of |
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the facility to provide confidential information on workplace |
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violence to the facility's committee; |
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(3) include a process to protect from retaliation |
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facility health care providers or employees who provide information |
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to the facility's committee; and |
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(4) comply with commission rules relating to workplace |
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violence. |
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Sec. 331.0004. WORKPLACE VIOLENCE PREVENTION PLAN. (a) |
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The committee of a facility or health care system, as applicable, |
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shall adopt, implement, and enforce a written workplace violence |
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prevention plan in accordance with this section to protect health |
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care providers and employees from violent behavior and threats of |
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violent behavior occurring at the facility or each facility of the |
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health care system. |
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(b) A facility's workplace violence prevention plan adopted |
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under Subsection (a) must: |
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(1) be based on: |
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(A) the needs of each area, department, and shift |
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of the facility; and |
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(B) evidence-based practices relating to |
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violence prevention; |
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(2) adopt a definition of "workplace violence" that |
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includes: |
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(A) an act or threat of physical force against a |
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health care provider or employee that results in, or is likely to |
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result in, physical injury, psychological trauma, or stress, |
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regardless of whether the provider or employee sustains an actual |
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injury; and |
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(B) an incident involving the use of a firearm or |
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other dangerous weapon, regardless of whether a health care |
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provider or employee is injured by the weapon; |
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(3) require that a facility's health care providers, |
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permanent employees, and, if applicable, temporary employees who |
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provide direct patient care at least annually receive workplace |
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violence prevention training; |
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(4) prescribe a system for responding to and |
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investigating violent incidents or potentially violent incidents |
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at the facility; |
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(5) address factors that may increase or decrease |
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incidents of workplace violence at the facility, including: |
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(A) the facility's staffing plans and patient |
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classification schemes; |
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(B) the facility's security or emergency |
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response system, including the alarm system, an alert system, and |
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the availability of security personnel; |
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(C) security risks associated with public access |
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to specific areas of the facility and the area surrounding the |
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facility; and |
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(D) security concerns associated with particular |
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types of employment, equipment, and facilities; |
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(6) require the facility to solicit information from |
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health care providers and employees when developing and |
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implementing a workplace violence prevention plan; |
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(7) require health care providers and employees to |
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report incidents of workplace violence through the facility's |
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existing occurrence reporting systems; and |
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(8) require the facility to include processes in the |
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facility's staffing plan for adjustment of patient care |
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assignments, to the extent practicable, to ensure that a health |
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care provider or employee of the facility is not required to treat |
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or provide services to a patient who has intentionally physically |
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abused or threatened the provider or employee. |
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(c) A committee at least annually shall: |
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(1) review and evaluate the workplace violence |
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prevention plan adopted by the committee under this section; and |
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(2) report the results of the evaluation described by |
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Subdivision (1) to the governing body of the facility or health care |
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system as applicable. |
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(d) Each facility shall make available on request a copy of |
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the facility's workplace violence prevention plan to each health |
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care provider or employee of the facility unless the committee |
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determines the plan contains information that would pose a security |
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threat if made public. The committee may redact that information |
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before providing the plan. |
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Sec. 331.0005. RESPONDING TO INCIDENT OF WORKPLACE |
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VIOLENCE. (a) Following an incident of workplace violence, a |
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facility shall offer immediate post-incident services, including |
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acute treatment and access to psychological evaluation and support, |
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for each health care provider or employee of the facility who is |
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directly involved in the incident. |
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(b) A facility may not discourage a health care provider or |
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employee from exercising the provider's or employee's right to |
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contact or file a report with law enforcement regarding an incident |
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of workplace violence. |
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(c) A person may not discipline, including the suspension or |
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termination of employment, discriminate against, or retaliate |
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against another person who: |
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(1) in good faith reports an incident of workplace |
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violence; or |
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(2) advises a health care provider or employee of the |
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provider's or employee's right to report an incident of workplace |
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violence. |
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Sec. 331.0006. WORKPLACE VIOLENCE REPORT TO COMMISSION. |
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(a) A facility shall annually file a written report with the |
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commission on: |
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(1) whether the facility has established a committee |
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in accordance with Section 331.0002 or is part of a health care |
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system in which a committee was established; |
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(2) whether the facility has adopted a workplace |
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violence prevention plan required by Section 331.0004; and |
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(3) whether the facility's committee has evaluated the |
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facility's workplace violence prevention plan and reported the |
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results to the facility. |
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(b) Information reported under Subsection (a) is public |
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information under Chapter 552, Government Code. |
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(c) To the extent possible, the commission shall collect the |
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data required under Subsection (a) as part of any survey or |
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submission of information required by other law. |
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Sec. 331.0007. ENFORCEMENT. An appropriate licensing |
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agency may take disciplinary action against a person who violates |
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this chapter. |
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SECTION 2. Not later than September 1, 2020, a facility |
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subject to Chapter 331, Health and Safety Code, as added by this |
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Act, shall adopt and implement a workplace violence prevention plan |
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in accordance with Section 331.0004, Health and Safety Code, as |
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added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |