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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. 331.001. 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 committee responsible for developing |
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a facility's workplace violence prevention plan under Section |
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331.002. |
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(3) "Facility" means: |
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(A) a home and community support services agency |
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licensed or licensed and certified under Chapter 142 to provide |
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home health services as defined by Section 142.001, and that |
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employs at least two registered nurses; |
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(B) a health care provider that: |
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(i) is certified by the commission to |
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provide services through the home and community-based services |
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(HCS) or Texas home living (TxHmL) waiver program; and |
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(ii) employs at least two registered |
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nurses; |
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(C) a hospital licensed under Chapter 241 and a |
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hospital maintained or operated by an agency of this state that is |
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exempt from licensing under that chapter; |
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(D) a nursing facility licensed under Chapter 242 |
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that employs at least two registered nurses; |
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(E) an ambulatory surgical center licensed under |
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Chapter 243; |
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(F) a freestanding emergency medical care |
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facility as defined by Section 254.001; and |
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(G) a mental hospital licensed under Chapter 577. |
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Sec. 331.002. WORKPLACE VIOLENCE PREVENTION COMMITTEE. (a) |
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Each facility shall establish a workplace violence prevention |
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committee or authorize an existing facility committee to develop |
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the workplace violence prevention plan required under Section |
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331.004. |
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(b) A committee must include at least: |
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(1) one registered nurse who provides direct care to |
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patients of the facility; and |
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(2) one facility employee who provides security |
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services for the facility if any and if practicable. |
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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. 331.003. WORKPLACE VIOLENCE PREVENTION POLICY. (a) A |
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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 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 any existing facility violence |
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prevention 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 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 committee; and |
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(4) comply with commission rules relating to workplace |
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violence. |
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Sec. 331.004. WORKPLACE VIOLENCE PREVENTION PLAN. (a) A |
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facility shall adopt, implement, and enforce a written workplace |
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violence prevention plan in accordance with this section to protect |
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health care providers and employees from violent behavior and |
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threats of violent behavior occurring at the facility. |
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(b) A facility's workplace violence prevention plan must: |
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(1) be based on the practice setting; |
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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 or psychological trauma; 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 the facility to provide at least annually |
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workplace violence prevention training or education that may be |
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included in other required training or education provided to the |
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facility's health care providers and employees, including |
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temporary employees, who provide direct patient care; |
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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 physical security and safety; |
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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 adjust patient care |
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assignments, to the extent practicable, to prevent a health care |
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provider or employee of the facility from treating or providing |
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services to a patient who has intentionally physically abused or |
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threatened the provider or employee. |
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(c) The written workplace violence prevention plan may |
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satisfy the requirements of Subsection (b) by referencing other |
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internal facility policies and documents. |
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(d) A committee at least annually shall: |
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(1) review and evaluate the workplace violence |
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prevention plan; and |
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(2) report the results of the evaluation to the |
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governing body of the facility. |
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(e) Each facility shall make available on request an |
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electronic or printed copy of the facility's workplace violence |
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prevention plan to each health care provider or employee of the |
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facility. If the committee determines the plan contains information |
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that would pose a security threat if made public, the committee may |
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redact that information before providing the plan. |
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Sec. 331.005. RESPONDING TO INCIDENT OF WORKPLACE VIOLENCE. |
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(a) Following an incident of workplace violence, a facility shall |
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at a minimum offer immediate post-incident services, including any |
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necessary acute medical treatment for each health care provider or |
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employee of the facility who is 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 by 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. 331.006. ENFORCEMENT. An appropriate licensing agency |
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may take disciplinary action against a person who violates this |
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chapter as if the person violated an applicable licensing law. |
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SECTION 2. Not later than September 1, 2022, 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 a workplace violence prevention policy and adopt |
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and implement a workplace violence prevention plan in accordance |
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with Sections 331.003 and 331.004, Health and Safety Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |