Bill Text: TX HB4110 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to implementation of a workplace violence prevention plan in certain hospitals; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Public Health [HB4110 Detail]
Download: Texas-2015-HB4110-Introduced.html
84R5087 CJC-F | ||
By: Dutton | H.B. No. 4110 |
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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. |