86R26683 SCL-F
 
  By: Howard, Thompson of Harris, Klick, H.B. No. 1146
      Zerwas
 
  Substitute the following for H.B. No. 1146:
 
  By:  Thompson of Harris C.S.H.B. No. 1146
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to workplace violence prevention in certain health care
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Health and Safety Code, is amended by
  adding Subtitle H to read as follows:
  SUBTITLE H. EMPLOYEES OF HEALTH CARE FACILITIES
  CHAPTER 331. WORKPLACE VIOLENCE PREVENTION
         Sec. 331.0001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Committee" means the workplace violence
  prevention committee or other committee responsible for developing
  and implementing a facility's workplace violence prevention plan
  under Section 331.0002.
               (3)  "Facility" means:
                     (A)  a home and community support services agency
  licensed or licensed and certified under Chapter 142 to provide
  home health services as defined by Section 142.001, and that
  employs at least two registered nurses;
                     (B)  a health care provider that:
                           (i)  is certified by the commission to
  provide services through the home and community-based services or
  Texas home living Medicaid waiver programs; and
                           (ii)  employs at least two registered
  nurses;
                     (C)  a hospital licensed under Chapter 241,
  including a hospital maintained or operated by this state;
                     (D)  a nursing facility licensed under Chapter 242
  that employs at least two registered nurses;
                     (E)  an ambulatory surgical center licensed under
  Chapter 243;
                     (F)  a freestanding emergency medical care
  facility as defined by Section 254.001; and
                     (G)  a mental hospital licensed under Chapter 577.
         Sec. 331.0002.  WORKPLACE VIOLENCE PREVENTION COMMITTEE.
  (a) Each facility shall establish a workplace violence prevention
  committee or authorize an existing committee to develop and
  implement the workplace violence prevention plan required under
  Section 331.0004.
         (b)  A committee must include at least:
               (1)  one registered nurse who provides direct care to
  patients of the facility; and
               (2)  one employee of the facility who provides security
  services for the facility if the facility employs security
  personnel and if practicable.
         (c)  A health care system that owns or operates more than one
  facility may establish a single committee for all of the system's
  facilities if:
               (1)  the committee develops a violence prevention plan
  for implementation at each facility in the system; and
               (2)  data related to violence prevention remains
  distinctly identifiable for each facility in the system.
         Sec. 331.0003.  WORKPLACE VIOLENCE PREVENTION POLICY. (a)
  A facility shall adopt, implement, and enforce a written workplace
  violence prevention policy in accordance with this section to
  protect health care providers and employees from violent behavior
  and threats of violent behavior occurring at the facility.
         (b)  The workplace violence prevention policy adopted under
  Subsection (a) must:
               (1)  require the facility to:
                     (A)  provide significant consideration of the
  violence prevention plan recommended by the facility's committee;
  and
                     (B)  evaluate the facility's existing plan;
               (2)  encourage health care providers and employees of
  the facility to provide confidential information on workplace
  violence to the facility's committee;
               (3)  include a process to protect from retaliation
  facility health care providers or employees who provide information
  to the facility's committee; and
               (4)  comply with commission rules relating to workplace
  violence.
         Sec. 331.0004.  WORKPLACE VIOLENCE PREVENTION PLAN. (a)
  The committee of a facility or health care system, as applicable,
  shall adopt, implement, and enforce a written workplace violence
  prevention plan in accordance with this section to protect health
  care providers and employees from violent behavior and threats of
  violent behavior occurring at the facility or each facility of the
  health care system.
         (b)  A facility's workplace violence prevention plan adopted
  under Subsection (a) must:
               (1)  be based on the practice setting;
               (2)  adopt a definition of "workplace violence" that
  includes:
                     (A)  an act or threat of physical force against a
  health care provider or employee that results in, or is likely to
  result in, physical injury or psychological trauma; and
                     (B)  an incident involving the use of a firearm or
  other dangerous weapon, regardless of whether a health care
  provider or employee is injured by the weapon;
               (3)  require that a facility provide at least annually
  workplace violence prevention training or education that may be
  included in other required training or education to the facility's
  health care providers and employees, including temporary
  employees, who provide direct patient care;
               (4)  prescribe a system for responding to and
  investigating violent incidents or potentially violent incidents
  at the facility;
               (5)  address physical security and safety;
               (6)  require the facility to solicit information from
  health care providers and employees when developing and
  implementing a workplace violence prevention plan; 
               (7)  require health care providers and employees to
  report incidents of workplace violence through the facility's
  existing occurrence reporting systems; and
               (8)  require the facility to include processes to
  adjust patient care assignments, to the extent practicable, to
  prevent a health care provider or employee of the facility from
  being required to treat or provide services to a patient who has
  intentionally physically abused or threatened the provider or
  employee.
         (c)  The written workplace violence prevention plan adopted
  under Subsection (a) may satisfy the requirements of Subsection (b)
  by referencing other internal facility policies and documents.
         (d)  A committee at least annually shall:
               (1)  review and evaluate the workplace violence
  prevention plan adopted by the committee under this section; and
               (2)  report the results of the evaluation described by
  Subdivision (1) to the governing body of the facility or health care
  system as applicable.
         (e)  Each facility shall make available on request an
  electronic or printed copy of the facility's workplace violence
  prevention plan to each health care provider or employee of the
  facility unless the committee determines the plan contains
  information that would pose a security threat if made public. The
  committee may redact that information before providing the plan.
         Sec. 331.0005.  RESPONDING TO INCIDENT OF WORKPLACE
  VIOLENCE. (a) Following an incident of workplace violence, a
  facility shall at a minimum offer immediate post-incident services,
  including any necessary acute medical treatment for each health
  care provider or employee of the facility who is directly involved
  in the incident.
         (b)  A facility may not discourage a health care provider or
  employee from exercising the provider's or employee's right to
  contact or file a report with law enforcement regarding an incident
  of workplace violence.
         (c)  A person may not discipline, including the suspension or
  termination of employment, discriminate against, or retaliate
  against another person who:
               (1)  in good faith reports an incident of workplace
  violence; or
               (2)  advises a health care provider or employee of the
  provider's or employee's right to report an incident of workplace
  violence.
         Sec. 331.0006.  ENFORCEMENT. An appropriate licensing
  agency may take disciplinary action against a person who violates
  this chapter.
         SECTION 2.  Not later than September 1, 2020, a facility
  subject to Chapter 331, Health and Safety Code, as added by this
  Act, shall adopt and implement a workplace violence prevention plan
  in accordance with Section 331.0004, Health and Safety Code, as
  added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.