Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0671.02 Christy Chase x2008
HOUSE BILL 24-1066
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING METHODS TO PREVENT WORKPLACE VIOLENCE IN101
CERTAIN HEALTH-CARE SETTINGS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill enacts the "Violence Prevention in Health-care Settings
Act", applicable to hospitals, freestanding emergency departments,
nursing care facilities, assisted living residences, and federally qualified
health centers, and the "Violence Prevention in Behavioral Health
Settings Act", applicable to comprehensive community behavioral health
providers. Both acts require each of these facility types to:
HOUSE SPONSORSHIP
Hamrick and Garcia,
SENATE SPONSORSHIP
Michaelson Jenet and Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Establish a workplace violence prevention committee to
document and review workplace violence incidents at the
facility and develop and regularly review a workplace
violence prevention plan (plan) for the facility;
! Adopt, implement, enforce, and update the plan;
! Provide training on the plan and on workplace violence
prevention;
! Submit biannual workplace violence incident reports to the
department of public health and environment or the
behavioral health administration, as applicable; and
! If a workplace violence incident occurs, offer post-incident
services to affected staff.
The bill specifies the required components of facility plans.
Facilities are prohibited from discouraging staff from contacting or filing
an incident report with law enforcement. The bill also prohibits
retaliation, discipline, or discrimination against a person who reports a
workplace violence incident in good faith, who advises a staff member of
the right to report an incident, or who chooses not to report an incident.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
declares that:3
(a) Workplace violence in health-care settings has emerged as a4
serious occupational and public health concern in Colorado and across the5
country;6
(b) Health-care workers are five times more likely to experience7
violence in the workplace compared to other workers;8
(c) Workplace violence presents in various forms, with:9
(I) Sixty percent of incidents involving verbal aggression;10
(II) Thirty-six percent of incidents involving threats;11
(III) Twenty-nine percent of incidents involving physical12
violence; and13
(IV) Four percent of incidents involving the use of an object or14
weapon;15
HB24-1066-2- (d) There is no single solution to solving workplace violence in1
health-care settings, and evidence shows that a holistic approach to2
workplace violence is most effective and has proven to decrease violence3
in health-care settings;4
(e) Recommendations from organizations such as the World5
Health Organization (WHO) and the International Council of Nurses,6
which align with the evidence that several approaches to combating7
workplace violence are needed, include:8
(I) Making significant investment in frontline staff in the9
assessment, planning, and implementation of a workplace violence10
program;11
(II) Training staff on how to prevent workplace violence;12
(III) Assessing and implementing security protections within13
health-care units; and14
(IV) Developing and implementing standardized workplace15
violence prevention policies and reporting systems;16
(f) Involving frontline staff in assessing and planning workplace17
violence interventions is paramount to the effectiveness of the18
intervention;19
(g) The WHO stresses that workplace violence prevention training20
and interventions must go beyond the individual, and the organization's21
recommendations align with evidence showing that health-care22
organizations need to change their administrative policies and implement23
changes within the health-care unit environment to combat workplace24
violence; and25
(h) Implementing a holistic approach to workplace violence26
prevention and intervention that focuses on involving frontline workers27
HB24-1066
-3- is paramount to reducing incidents of workplace violence in health-care1
settings.2
SECTION 2. In Colorado Revised Statutes, add part 9 to article3
3 of title 25 as follows:4
PART 95
VIOLENCE PREVENTION IN HEALTH-CARE SETTINGS6
25-3-901. Short title. T
HE SHORT TITLE OF THIS PART 9 IS THE7
"V
IOLENCE PREVENTION IN HEALTH-CARE SETTINGS ACT".8
25-3-902. Definitions. A
S USED IN THIS PART 9, UNLESS THE9
CONTEXT OTHERWISE REQUIRES :10
(1) "B
ULLYING" MEANS ANY WRITTEN OR ORAL EXPRESSION ,11
PHYSICAL OR ELECTRONIC ACT OR GESTURE , OR PATTERN OF THAT12
EXPRESSION, ACT, OR GESTURE THAT IS INTENDED TO COERCE, INTIMIDATE,13
OR CAUSE ANY PHYSICAL , MENTAL, OR EMOTIONAL HARM TO AN14
INDIVIDUAL.15
(2) "C
OMMITTEE" MEANS THE WORKPLACE VIOLENCE PREVENTION16
COMMITTEE OR OTHER COMMITTEE DESIGNATED AND AUTHORIZED BY A17
FACILITY PURSUANT TO SECTION 25-3-903 TO DEVELOP THE FACILITY'S18
WORKPLACE VIOLENCE PREVENTION PLAN PURSUANT TO SECTION19
25-3-904.20
(3) "D
ANGEROUS WEAPON" MEANS:21
(a) A
FIREARM, AS DEFINED IN SECTION 18-1-901 (3)(h);22
(b) A
PELLET GUN, BB GUN, OR OTHER DEVICE, WHETHER23
OPERATIONAL OR NOT, DESIGNED TO PROPEL PROJECTILES BY SPRING24
ACTION OR COMPRESSED AIR;25
(c) A
FIXED-BLADE KNIFE WITH A BLADE THAT EXCEEDS THREE26
INCHES IN LENGTH;27
HB24-1066
-4- (d) A SPRING-LOADED KNIFE OR A POCKET KNIFE WITH A BLADE1
EXCEEDING THREE AND ONE-HALF INCHES IN LENGTH; OR2
(e) A
NY OBJECT, DEVICE, INSTRUMENT, MATERIAL, OR SUBSTANCE,3
WHETHER ANIMATE OR INANIMATE , THAT IS USED OR INTENDED TO BE4
USED TO INFLICT DEATH OR SERIOUS BODILY INJURY .5
(4) "F
ACILITY" MEANS:6
(a) A
HOSPITAL LICENSED OR CERTIFIED BY THE DEPARTMENT ;7
(b) A
FREESTANDING EMERGENCY DEPARTMENT AS DEFINED IN8
SECTION 25-1.5-114;9
(c) A
NURSING CARE FACILITY;10
(d) A
N ASSISTED LIVING RESIDENCE THAT HAS AT LEAST TWENTY11
BEDS; OR12
(e) A
FEDERALLY QUALIFIED HEALTH CENTER , AS DEFINED IN THE13
FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 1395x (aa)(4), AS14
AMENDED.15
(5) "F
ACILITY STAFF MEMBER" MEANS:16
(a) A
N EMPLOYEE OF A FACILITY;17
(b) A
HEALTH-CARE PROVIDER WHO IS CONTRACTED WITH OR18
OTHERWISE AUTHORIZED TO PROVIDE HEALTH -CARE SERVICES AT A19
FACILITY AND WHO WORKS AT THE FACILITY TWENTY OR MORE HOURS A20
WEEK; OR21
(c) A
NY OTHER INDIVIDUAL PERFORMING SERVICES AT A FACILITY22
PURSUANT TO A CONTRACT WITH THE FACILITY .23
(6) "H
ARASSMENT" MEANS ENGAGING IN A COURSE OF VEXATIOUS24
COMMENT OR CONDUCT AGAINST AN INDIVIDUAL THAT IS KNOWN OR25
OUGHT REASONABLY TO BE KNOWN TO BE UNWELCOME .26
(7) "I
NTIMIDATION" MEANS DIRECTLY OR INDIRECTLY INFLICTING27
HB24-1066
-5- OR THREATENING TO INFLICT ANY INJURY, DAMAGE, HARM, OR LOSS UPON1
AN INDIVIDUAL.2
(8) "W
ORKPLACE VIOLENCE" INCLUDES:3
(a) A
N ACT OR CREDIBLE THREAT OF PHYSICAL FORCE AGAINST A4
FACILITY STAFF MEMBER THAT RESULTS IN , OR IS LIKELY TO RESULT IN,5
PHYSICAL INJURY OR PSYCHOLOGICAL TRAUMA ;6
(b) A
N INCIDENT INVOLVING THE USE OF A DANGEROUS WEAPON ,7
REGARDLESS OF WHETHER A FACILITY STAFF MEMBER IS INJURED BY THE8
WEAPON; AND9
(c) (I) B
ULLYING, VERBAL HARASSMENT , OR OTHER ACTS OF10
INTIMIDATION, INCLUDING ACTS THAT OCCUR BETWEEN ONE FACILITY11
STAFF MEMBER AND ANOTHER FACILITY STAFF MEMBER AT A FACILITY ,12
PARTICULARLY WHEN THE ALLEGED PERPETRATOR IS A SUPERIOR TO THE13
FACILITY STAFF MEMBER WHO IS SUBJECT TO THE ACT OF INTIMIDATION OR14
HAS THE ABILITY TO IMPACT THE JOB ENVIRONMENT OF THE FACILITY15
STAFF MEMBER IN A SIGNIFICANT WAY.16
(II) S
UBSECTION (8)(c)(I) OF THIS SECTION DOES NOT INCLUDE AN17
ACT OF SELF-ADVOCACY THAT IS WITHIN AN INDIVIDUAL 'S LEGAL RIGHT TO18
PURSUE, INCLUDING WHEN AN INDIVIDUAL THREATENS TO PURSUE LEGAL19
ACTION OR TO FILE A GRIEVANCE OR COMPLAINT WITH A REGULATORY OR20
ACCREDITATION BODY.21
(9) "W
ORKPLACE VIOLENCE PREVENTION PLAN " OR "PLAN" MEANS22
A POLICY OR PLAN DEVELOPED IN ACCORDANCE WITH SECTION 25-3-90423
TO PROTECT FACILITY STAFF MEMBERS FROM WORKPLACE VIOLENCE OR24
THREATS OF WORKPLACE VIOLENCE AT A FACILITY .25
25-3-903. Workplace violence prevention committee - duties.26
(1) (a) E
ACH FACILITY SHALL ESTABLISH A WORKPLACE VIOLENCE27
HB24-1066
-6- PREVENTION COMMITTEE OR DESIGNATE AND AUTHORIZE AN EXISTING1
FACILITY COMMITTEE TO PERFORM THE FUNCTIONS OF A WORKPLACE2
VIOLENCE PREVENTION COMMITTEE AS SPECIFIED IN THIS SECTION . EACH3
FACILITY'S COMMITTEE SHALL DEVELOP A WORKPLACE VIOLENCE4
PREVENTION PLAN IN ACCORDANCE WITH SECTION 25-3-904.5
(b) W
HETHER A FACILITY ESTABLISHES A NEW WORKPLACE6
VIOLENCE PREVENTION COMMITTEE OR TASKS AN EXISTING FACILITY7
COMMITTEE WITH PERFORMING THE FUNCTIONS REQUIRED BY THIS8
SECTION AND SECTION 25-3-904, A MAJORITY OF THE COMMITTEE9
MEMBERS MUST BE FACILITY STAFF MEMBERS WHO ARE CLINICAL STAFF10
WHO REGULARLY PROVIDE DIRECT CARE TO PATIENTS AT THE FACILITY .11
(2) (a) I
N ADDITION TO DEVELOPING A WORKPLACE VIOLENCE12
PREVENTION PLAN IN ACCORDANCE WITH SECTION 25-3-904, EACH13
FACILITY'S COMMITTEE SHALL:14
(I) D
OCUMENT AND COMPLETE A QUARTERLY REVIEW OF15
INCIDENTS OF WORKPLACE VIOLENCE THAT OCCURRED AT THE FACILITY IN16
THE IMMEDIATELY PRECEDING QUARTER ; AND17
(II) D
OCUMENT ANY UPDATES TO THE WORKPLACE VIOLENCE18
PREVENTION PLAN OR TO ANY OTHER POLICIES , PROCEDURES, STAFF19
TRAINING, STAFFING PLANS, SAFETY MEASURES, OR BEST POST-INCIDENT20
RESPONSES THAT RESULT FROM THE REVIEW CONDUCTED PURSUANT TO21
SUBSECTION (2)(a)(I) OF THIS SECTION.22
(b) I
N REVIEWING THE INCIDENTS OF WORKPLACE VIOLENCE23
PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION AND DEVELOPING24
AND UPDATING THE WORKPLACE VIOLENCE PREVENTION PLAN IN25
ACCORDANCE WITH SECTION 25-3-904, EACH COMMITTEE SHALL26
SCRUTINIZE INCIDENTS OF WORKPLACE VIOLENCE AND THE WORKPLACE27
HB24-1066
-7- VIOLENCE PREVENTION PLAN FOR POLICIES , PRACTICES, OR TRENDS THAT1
LEAD TO INEQUITABLE TREATMENT OF FACILITY STAFF MEMBERS OR2
PATIENTS BASED ON RACE , COLOR, CREED, DISABILITY, SEX, GENDER3
IDENTITY OR EXPRESSION, SEXUAL ORIENTATION, RELIGION, NATIONAL4
ORIGIN, ANCESTRY, HOUSING STATUS, CRIMINAL JUSTICE INVOLVEMENT,5
OR SOCIOECONOMIC STATUS . AFTER EACH REVIEW OF INCIDENTS OF6
WORKPLACE VIOLENCE AND THE WORKPLACE VIOLENCE PREVENTION7
PLAN, THE COMMITTEE SHALL DOCUMENT HOW IT SCRUTINIZED THE DATA8
AND PLAN AND WHAT , IF ANY, CHANGES WERE MADE TO REDUCE THE9
LIKELIHOOD OF DISCRIMINATORY PRACTICES . UPON REQUEST, THE10
COMMITTEE SHALL MAKE THE DOCUMENTS AVAILABLE TO ANY11
INTERESTED PERSON.12
(3) F
ACILITY STAFF MEMBERS, VOLUNTEERS, AND PATIENTS OF A13
FACILITY MAY PROVIDE INFORMATION ON WORKPLACE VIOLENCE TO THE14
COMMITTEE AND MAY SUBMIT ANONYMOUS COMPLAINTS OR CONCERNS .15
25-3-904. Workplace violence prevention plan - contents -16
training - annual review. (1) (a) E
ACH COMMITTEE SHALL DEVELOP AND17
EACH FACILITY SHALL ADOPT , IMPLEMENT, AND ENFORCE A WRITTEN18
WORKPLACE VIOLENCE PREVENTION PLAN IN ACCORDANCE WITH THIS19
SECTION TO PROTECT FACILITY STAFF MEMBERS FROM WORKPLACE20
VIOLENCE AND THREATS OF WORKPLACE VIOLENCE AT THE FACILITY .21
(b) E
ACH FACILITY'S COMMITTEE, AT LEAST ANNUALLY, SHALL:22
(I) R
EVIEW AND EVALUATE THE FACILITY'S WORKPLACE VIOLENCE23
PREVENTION PLAN; AND24
(II) R
EPORT THE RESULTS OF THE EVALUATION TO THE GOVERNING25
BODY OF THE FACILITY.26
(c) B
ASED ON THE REVIEW AND REPORT FROM ITS COMMITTEE27
HB24-1066
-8- PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION AND IN1
COLLABORATION WITH THE COMMITTEE , EACH FACILITY SHALL ANNUALLY2
REVIEW AND UPDATE , AS NECESSARY, ITS WORKPLACE VIOLENCE3
PREVENTION PLAN.4
(d) E
ACH FACILITY SHALL MAKE AN ELECTRONIC COPY AND , UPON5
REQUEST, A PRINTED COPY OF THE FACILITY 'S WORKPLACE VIOLENCE6
PREVENTION PLAN AVAILABLE TO EACH FACILITY STAFF MEMBER AND TO7
THE FACILITY'S GOVERNING BODY . IF A FACILITY'S COMMITTEE8
DETERMINES THE PLAN CONTAINS INFORMATION THAT WOULD POSE A9
SECURITY THREAT IF MADE PUBLIC, THE COMMITTEE MAY REDACT THAT10
INFORMATION BEFORE PROVIDING THE PLAN .11
(2) A
FACILITY'S WORKPLACE VIOLENCE PREVENTION PLAN MUST :12
(a) I
NCLUDE POLICIES THAT PROVIDE PROTECTION FROM13
RETALIATION FOR FACILITY STAFF MEMBERS , PATIENTS, OR VISITORS WHO14
PROVIDE INFORMATION ON WORKPLACE VIOLENCE TO A FACILITY 'S15
COMMITTEE;16
(b) B
E BASED ON THE PRACTICE SETTING AND ADDRESS FACTORS17
RELATED TO THE PRACTICE SETTING, INCLUDING:18
(I) P
HYSICAL ATTRIBUTES OF THE PRACTICE SETTING , SUCH AS19
SECURITY SYSTEMS, ALARMS, AND EMERGENCY ALERT SYSTEMS ;20
(II) S
TAFFING, INCLUDING STAFFING PATTERNS AND PATIENT21
CLASSIFICATIONS, AND PROCEDURES TO MINIMIZE THE TIME THAT22
INDIVIDUAL STAFF MEMBERS SPEND WORKING ALONE IN AREAS OF HIGH23
RISK FOR WORKPLACE VIOLENCE ;24
(III) F
IRST AID, EMERGENCY RESPONSE PROTOCOLS , AND SECURITY25
PERSONNEL AVAILABILITY; AND26
(IV) S
ECURITY RISKS ASSOCIATED WITH SPECIFIC UNITS AND27
HB24-1066
-9- SHIFTS, AREAS OF SECURITY-CONTROLLED ACCESS, AND SECURITY IN1
AREAS SURROUNDING THE FACILITY, SUCH AS EMPLOYEE PARKING AREAS;2
(c) D
EFINE WORKPLACE VIOLENCE CONSISTENT WITH SECTION3
25-3-902
(8);4
(d) R
EQUIRE THE FACILITY TO PROVIDE WORKPLACE VIOLENCE5
PREVENTION TRAINING AND EDUCATION :6
(I) A
NNUALLY TO:7
(A) A
LL FACILITY STAFF MEMBERS , INCLUDING MANAGERS ,8
ADMINISTRATORS, AND CONTRACT OR TEMPORARY STAFF ; AND9
(B) T
HE FACILITY'S GOVERNING BOARD, IN A TRAINING SEPARATE10
FROM THE TRAINING PROVIDED TO FACILITY STAFF MEMBERS ;11
(II) T
HAT IS INFORMED BY THE APPLICABLE COMMITTEE 'S ONGOING12
ANALYSIS OF WORKPLACE VIOLENCE DATA TRENDS FOR THE FACILITY ;13
(III) T
HAT IS BASED ON AND APPROPRIATE TO THE PRACTICE14
SETTING; AND15
(IV) T
HAT INCLUDES VIOLENCE PREDICTING BEHAVIORS AND16
FACTORS; DE-ESCALATION TECHNIQUES TO MINIMIZE VIOLENT BEHAVIOR ;17
AND INFORMATION ON HOW TO INTERACT WITH PATIENTS WITH SPECIFIC18
HEALTH CONDITIONS, TRAUMA-INFORMED CARE, AND STRATEGIES TO19
PREVENT HARM;20
(e) P
RESCRIBE A SYSTEM FOR RESPONDING TO AND INVESTIGATING21
ACTUAL OR POTENTIAL INCIDENTS OF WORKPLACE VIOLENCE AT THE22
FACILITY AND REQUIRE THAT THE FACILITY SHARE THE SYSTEM AT LEAST23
ANNUALLY WITH ALL FACILITY STAFF MEMBERS ;24
(f) S
TREAMLINE AND STANDARDIZE REPORTING PROCESSES , ALLOW25
AT LEAST SEVEN DAYS TO COMPLETE AN INCIDENT REPORT FILING , AND26
CONSISTENTLY PROVIDE ADMINISTRATIVE SUPPORT TO FACILITY STAFF27
HB24-1066
-10- MEMBERS TO ENSURE THEIR ABILITY TO RESPOND TO INTERNAL AND1
EXTERNAL REQUIREMENTS FOR REPORTING OF WORKPLACE VIOLENCE ;2
(g) R
EQUIRE FACILITY STAFF MEMBERS TO REPORT INCIDENTS OF3
WORKPLACE VIOLENCE THROUGH THE FACILITY 'S EXISTING OCCURRENCE4
REPORTING SYSTEMS WITHOUT DISCLOSING A PATIENT 'S, FACILITY STAFF5
MEMBER'S, OR VOLUNTEER'S PERSONALLY IDENTIFIABLE INFORMATION ;6
AND7
(h) R
EQUIRE THE FACILITY TO ADJUST PATIENT CARE ASSIGNMENTS8
TO THE EXTENT PRACTICABLE IN ORDER TO PREVENT A FACILITY STAFF9
MEMBER FROM TREATING OR PROVIDING SERVICES TO A PATIENT WHO HAS10
INTENTIONALLY PHYSICALLY ABUSED OR THREATENED THE FACILITY11
STAFF MEMBER.12
(3) (a) E
ACH FACILITY SHALL PROVIDE TRAINING ON THE13
WORKPLACE VIOLENCE PREVENTION PLAN FOR ALL FACILITY STAFF14
MEMBERS ANNUALLY .15
(b) I
F A FACILITY UPDATES ITS WORKPLACE VIOLENCE PREVENTION16
PLAN, THE FACILITY SHALL PROVIDE TRAINING ON THE UPDATED PLAN TO17
ALL FACILITY STAFF MEMBERS WITHIN NINETY DAYS AFTER THE DATE THE18
PLAN IS UPDATED.19
(4) E
ACH FACILITY SHALL POST ON ITS WEBSITE OR OTHERWISE20
MAKE AVAILABLE IN WRITTEN FORM DETAILS OF THE ESSENTIAL ELEMENTS21
OF THE FACILITY'S WORKPLACE VIOLENCE PREVENTION PLAN TO ASSURE22
THAT FACILITY STAFF MEMBERS, PATIENTS, AND THE PUBLIC ARE AWARE23
OF THE FACILITY'S PRIORITY TO PREVENT AND MITIGATE WORKPLACE24
VIOLENCE. A FACILITY MAY REDACT FROM THE PUBLICLY AVAILABLE25
WORKPLACE VIOLENCE PREVENTION PLAN ANY INFORMATION THAT WOULD26
POSE A SECURITY THREAT IF MADE PUBLIC.27
HB24-1066
-11- 25-3-905. Responding to workplace violence incidents -1
prohibited acts. (1) F
OLLOWING AN INCIDENT OF WORKPLACE VIOLENCE ,2
A FACILITY SHALL, AT A MINIMUM, OFFER IMMEDIATE POST-INCIDENT3
SERVICES, INCLUDING:4
(a) R
ELIEF OF DUTIES WITH PAY FOR THE AFFECTED FACILITY STAFF5
MEMBER UNTIL RESOLUTION OF TRAUMA -ASSOCIATED SYMPTOMS; AND6
(b) N
ECESSARY ACUTE MEDICAL AND MENTAL HEALTH7
TREATMENT FOR EACH FACILITY STAFF MEMBER WHO IS DIRECTLY8
INVOLVED IN THE INCIDENT AND TIMELY FOLLOW -UP MENTAL HEALTH9
SERVICES AND SUPPORTS.10
(2) A
FACILITY SHALL NOT DISCOURAGE A FACILITY STAFF MEMBER11
FROM EXERCISING THE FACILITY STAFF MEMBER 'S RIGHT TO CONTACT OR12
FILE A REPORT WITH LAW ENFORCEMENT OR ANY REGULATORY BODY13
REGARDING AN INCIDENT OF WORKPLACE VIOLENCE .14
(3) A
PERSON SHALL NOT DISCIPLINE, INCLUDING BY SUSPENSION15
OR TERMINATION OF EMPLOYMENT , DISCRIMINATE AGAINST, OR RETALIATE16
AGAINST ANOTHER PERSON WHO :17
(a) I
N GOOD FAITH REPORTS AN INCIDENT OF WORKPLACE18
VIOLENCE;19
(b) A
DVISES A FACILITY STAFF MEMBER OF THE FACILITY STAFF20
MEMBER'S RIGHT TO REPORT AN INCIDENT OF WORKPLACE VIOLENCE ; OR21
(c) C
HOOSES TO NOT REPORT AN INCIDENT OF WORKPLACE22
VIOLENCE TO LAW ENFORCEMENT .23
25-3-906. Reporting. (1) E
ACH FACILITY SHALL SUBMIT24
BIANNUAL REPORTS OF WORKPLACE VIOLENCE INCIDENTS TO THE25
DEPARTMENT IN A MANNER DETERMINED BY THE DEPARTMENT . REPORTS26
MUST INCLUDE, AT A MINIMUM:27
HB24-1066
-12- (a) THE FACILITY AND LOCATION WITHIN THE FACILITY WHERE AN1
INCIDENT OCCURRED;2
(b) T
HE TYPE OF WORKPLACE VIOLENCE, SUCH AS WHETHER IT WAS3
STAFF ON STAFF, PATIENT ON STAFF, OR OTHER INDIVIDUAL AT THE4
FACILITY ON STAFF; THE NATURE OF THE WORKPLACE VIOLENCE , SUCH AS5
SEXUAL, PHYSICAL, OR A THREAT; AND WHETHER THE INCIDENT RESULTED6
IN BODILY INJURY OR OTHER PHYSICAL OR PSYCHOLOGICAL TRAUMA ;7
(c) T
HE STAFF-TO-PATIENT RATIO AT THE TIME OF THE INCIDENT;8
(d) T
HE FACILITY RESPONSE TO THE INCIDENT; AND9
(e) I
F THE INCIDENT INVOLVED A PATIENT , THE PRESENTING10
DIAGNOSIS OF THE PATIENT.11
(2) T
HE DEPARTMENT SHALL POST FACILITY REPORTS RECEIVED12
PURSUANT TO SUBSECTION (1) OF THIS SECTION ON A PUBLIC-FACING13
WEBSITE AFTER REMOVING ANY PERS ONALLY IDENTIFIABLE INFORMATION .14
I
F THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF15
HUMAN SERVICES SENDS FACILITY REPORTS TO THE DEPARTMENT16
PURSUANT TO SECTION 27-50-305 (7)(b), THE DEPARTMENT SHALL POST17
THOSE REPORTS WITH THE REPORTS RECEIVED PURSUANT TO SUBSECTION18
(1)
OF THIS SECTION.19
25-3-907. Alternative compliance method. A
FACILITY THAT20
COMPLIES WITH THE REQUIREMENTS OF AN ALTERNATIVE CREDENTIALING21
OR LICENSING AGENCY THAT ARE SUBSTANTIALLY SIMILAR TO THE22
REQUIREMENTS OF SECTIONS 25-3-903 AND 25-3-904 SHALL BE DEEMED23
TO BE IN COMPLIANCE WITH SECTIONS 25-3-903 AND 25-3-904.24
SECTION 3. In Colorado Revised Statutes, 25-3-703, amend (3)25
introductory portion, (3)(e), and (3)(f); and add (3)(g) as follows:26
25-3-703. Hospital report card - rules - exemption. (3) The27
HB24-1066
-13- state board of health shall promulgate rules that establish1
nursing-sensitive quality measures, based upon a nationally recognized2
standard, and THAT MUST BE INCLUDED IN THE HOSPITAL REPORT CARD .3
T
HE STATE BOARD OF HEALTH SHALL revise the rules as necessary every4
three years. to be included in the hospital report card.
The5
nursing-sensitive quality measures must include, at a minimum:6
(e) Patient falls with injury; and7
(f) Recorded incidences of
WORKPLACE violence, AS DEFINED IN8
SECTION 25-3-902 (8), against staff and contracted staff; AND9
(g) A
RECORD OF THE CHANGES MADE TO ADDRESS STAFFING10
STANDARDS THAT CONTRIBUTED TO RISKS AND INCIDENTS OF WORKPLACE11
VIOLENCE, AS DEFINED IN SECTION 25-3-902 (8).12
SECTION 4. In Colorado Revised Statutes, add 27-50-305 as13
follows:14
27-50-305. Workplace violence prevention - committee - plan15
- incident reports - definitions - short title - legislative declaration.16
(1) Short title. T
HE SHORT TITLE OF THIS SECTION IS THE "VIOLENCE17
P
REVENTION IN BEHAVIORAL HEALTH SETTINGS ACT".18
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT19
OTHERWISE REQUIRES:20
(a) "B
EHAVIORAL HEALTH SERVICES " MEANS DIAGNOSTIC ,21
THERAPEUTIC, OR PSYCHOLOGICAL SERVICES FOR BEHAVIORAL HEALTH22
CONDITIONS.23
(b) "B
ULLYING" MEANS ANY WRITTEN OR ORAL EXPRESSION , OR24
PHYSICAL OR ELECTRONIC ACT OR GESTURE , OR A PATTERN OF THAT25
EXPRESSION, ACT, OR GESTURE, THAT IS INTENDED TO COERCE ,26
INTIMIDATE, OR CAUSE ANY PHYSICAL, MENTAL, OR EMOTIONAL HARM TO27
HB24-1066
-14- AN INDIVIDUAL.1
(c) "C
OMMITTEE" MEANS THE WORKPLACE VIOLENCE PREVENTION2
COMMITTEE OR OTHER COMMITTEE DESIGNATED AND AUTHORIZED BY A3
FACILITY PURSUANT TO SUBSECTION (3) OF THIS SECTION TO DEVELOP THE4
FACILITY'S WORKPLACE VIOLENCE PREVENTION PLAN PURSUANT TO5
SUBSECTION (4) OF THIS SECTION.6
(d) "D
ANGEROUS WEAPON" MEANS:7
(I) A
FIREARM, AS DEFINED IN SECTION 18-1-901 (3)(h);8
(II) A
PELLET GUN, BB GUN, OR OTHER DEVICE, WHETHER9
OPERATIONAL OR NOT, DESIGNED TO PROPEL PROJECTILES BY SPRING10
ACTION OR COMPRESSED AIR;11
(III) A
FIXED-BLADE KNIFE WITH A BLADE THAT EXCEEDS THREE12
INCHES IN LENGTH;13
(IV) A
SPRING-LOADED KNIFE OR A POCKET KNIFE WITH A BLADE14
EXCEEDING THREE AND ONE-HALF INCHES IN LENGTH; OR15
(V) A
NY OBJECT, DEVICE, INSTRUMENT, MATERIAL, OR16
SUBSTANCE, WHETHER ANIMATE OR INANIMATE , THAT IS USED OR17
INTENDED TO BE USED TO INFLICT DEATH OR SERIOUS BODILY INJURY .18
(e) "F
ACILITY" MEANS A COMPREHENSIVE COMMUNITY19
BEHAVIORAL HEALTH PROVIDER THAT IS A FACILITY .20
(f) "F
ACILITY STAFF MEMBER" MEANS:21
(I) A
N EMPLOYEE OF A FACILITY;22
(II) A
LICENSED PROFESSIONAL BEHAVIORAL HEALTH PROVIDER23
WHO IS CONTRACTED WITH OR OTHERWISE AUTHORIZED TO PROVIDE24
BEHAVIORAL HEALTH SERVICES AT A FACILITY AND WHO WORKS AT THE25
FACILITY TWENTY OR MORE HOURS A WEEK ; OR26
(III) A
NY OTHER INDIVIDUAL PERFORMING SERVICES AT A FACILITY27
HB24-1066
-15- PURSUANT TO A CONTRACT WITH THE FACILITY .1
(g) "H
ARASSMENT" MEANS ENGAGING IN A COURSE OF VEXATIOUS2
COMMENT OR CONDUCT AGAINST AN INDIVIDUAL THAT IS KNOWN OR3
OUGHT REASONABLY TO BE KNOWN TO BE UNWELCOME .4
(h) "I
NTIMIDATION" MEANS DIRECTLY OR INDIRECTLY INFLICTING5
OR THREATENING TO INFLICT ANY INJURY, DAMAGE, HARM, OR LOSS UPON6
AN INDIVIDUAL.7
(i) "L
ICENSED PROFESSIONAL BEHAVIORAL HEALTH PROVIDER "8
MEANS A BEHAVIORAL HEALTH PROVIDER WHO IS A LICENSED9
PROFESSIONAL PROVIDING BEHAVIORAL HEALTH SERVICES .10
(j) "W
ORKPLACE VIOLENCE" INCLUDES:11
(I) A
N ACT OR CREDIBLE THREAT OF PHYSICAL FORCE AGAINST A12
FACILITY STAFF MEMBER THAT RESULTS IN , OR IS LIKELY TO RESULT IN,13
PHYSICAL INJURY OR PSYCHOLOGICAL TRAUMA ;14
(II) A
N INCIDENT INVOLVING THE USE OF A DANGEROUS WEAPON ,15
REGARDLESS OF WHETHER A FACILITY STAFF MEMBER IS INJURED BY THE16
WEAPON; AND17
(III) (A) B
ULLYING, VERBAL HARASSMENT, OR OTHER ACTS OF18
INTIMIDATION, INCLUDING ACTS THAT OCCUR BETWEEN ONE FACILITY19
STAFF MEMBER AND ANOTHER FACILITY STAFF MEMBER AT A FACILITY ,20
PARTICULARLY WHEN THE ALLEGED PERPETRATOR IS A SUPERIOR TO THE21
FACILITY STAFF MEMBER WHO IS SUBJECT TO THE ACT OF INTIMIDATION OR22
HAS THE ABILITY TO IMPACT THE JOB ENVIRONMENT OF THE FACILITY23
STAFF MEMBER IN A SIGNIFICANT WAY.24
(B) S
UBSECTION (2)(j)(III)(A) OF THIS SECTION DOES NOT INCLUDE25
AN ACT OF SELF-ADVOCACY THAT IS WITHIN AN INDIVIDUAL 'S LEGAL RIGHT26
TO PURSUE, INCLUDING WHEN AN INDIVIDUAL THREATENS TO PURSUE27
HB24-1066
-16- LEGAL ACTION OR TO FILE A GRIEVANCE OR COMPLAINT WITH A1
REGULATORY OR ACCREDITATION BODY .2
(k) "W
ORKPLACE VIOLENCE PREVENTION PLAN " OR "PLAN" MEANS3
A POLICY OR PLAN DEVELOPED IN ACCORDANCE WITH SUBSECTION (4) OF4
THIS SECTION TO PROTECT FACILITY STAFF MEMBERS FROM WORKPLACE5
VIOLENCE OR THREATS OF WORKPLACE VIOLENCE AT A FACILITY .6
(3) Workplace violence prevention committee. (a) (I) E
ACH7
FACILITY SHALL ESTABLISH A WORKPLACE VIOLENCE PREVENTION8
COMMITTEE OR DESIGNATE AND AUTHORIZE AN EXISTING FACILITY9
COMMITTEE TO PERFORM THE FUNCTIONS OF A WORKPLACE VIOLENCE10
PREVENTION COMMITTEE AS SPECIFIED IN THIS SUBSECTION (3). EACH11
FACILITY'S COMMITTEE SHALL DEVELOP A WORKPLACE VIOLENCE12
PREVENTION PLAN IN ACCORDANCE WITH SUBSECTION (4) OF THIS13
SECTION.14
(II) W
HETHER A FACILITY ESTABLISHES A NEW WORKPLACE15
VIOLENCE PREVENTION COMMITTEE OR TASKS AN EXISTING FACILITY16
COMMITTEE WITH PERFORMING THE FUNCTIONS REQUIRED BY THIS17
SUBSECTION (3) AND SUBSECTION (4) OF THIS SECTION, A MAJORITY OF THE18
COMMITTEE MEMBERS MUST BE FACILITY STAFF MEMBERS WHO ARE19
CLINICAL STAFF WHO REGULARLY PROVIDE DIRECT CARE TO CLIENTS AT20
THE FACILITY.21
(b) (I) I
N ADDITION TO DEVELOPING A WORKPLACE VIOLENCE22
PREVENTION PLAN IN ACCORDANCE WITH SUBSECTION (4) OF THIS23
SECTION, EACH FACILITY'S COMMITTEE SHALL:24
(A) D
OCUMENT AND COMPLETE A QUARTERLY REVIEW OF25
INCIDENTS OF WORKPLACE VIOLENCE THAT OCCURRED AT THE FACILITY IN26
THE IMMEDIATELY PRECEDING QUARTER ; AND27
HB24-1066
-17- (B) DOCUMENT ANY UPDATES TO THE WORKPLACE VIOLENCE1
PREVENTION PLAN OR TO ANY OTHER POLICIES , PROCEDURES, STAFF2
TRAINING, STAFFING PLANS, SAFETY MEASURES, OR BEST POST-INCIDENT3
RESPONSES THAT RESULT FROM THE REVIEW CONDUCTED PURSUANT TO4
SUBSECTION (3)(b)(I)(A) OF THIS SECTION.5
(II) I
N REVIEWING THE INCIDENTS OF WORKPLACE VIOLENCE6
PURSUANT TO SUBSECTION (3)(b)(I)(A) OF THIS SECTION AND DEVELOPING7
AND UPDATING THE WORKPLACE VIOLENCE PREVENTION PLAN IN8
ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION, EACH COMMITTEE9
SHALL SCRUTINIZE INCIDENTS OF WORKPLACE VIOLENCE AND THE10
WORKPLACE VIOLENCE PREVENTION PLAN FOR POLICIES , PRACTICES, OR11
TRENDS THAT LEAD TO INEQUITABLE TREATMENT OF FACILITY STAFF12
MEMBERS OR PATIENTS BASED ON RACE , COLOR, CREED, DISABILITY, SEX,13
GENDER IDENTITY OR EXPRESSION , SEXUAL ORIENTATION, RELIGION,14
NATIONAL ORIGIN, ANCESTRY, HOUSING STATUS, CRIMINAL JUSTICE15
INVOLVEMENT, OR SOCIOECONOMIC STATUS . AFTER EACH REVIEW OF16
INCIDENTS OF WORKPLACE VIOLENCE AND THE WORKPLACE VIOLENCE17
PREVENTION PLAN, THE COMMITTEE SHALL DOCUMENT HOW IT18
SCRUTINIZED THE DATA AND PLAN AND WHAT , IF ANY, CHANGES WERE19
MADE TO REDUCE THE LIKELIHOOD OF DISCRIMINATORY PRACTICES . UPON20
REQUEST, THE COMMITTEE SHALL MAKE THE DOCUMENTS AVAILABLE TO21
ANY INTERESTED PERSON.22
(c) F
ACILITY STAFF MEMBERS, VOLUNTEERS, AND PATIENTS OF A23
FACILITY MAY PROVIDE INFORMATION ON WORKPLACE VIOLENCE TO THE24
COMMITTEE AND MAY SUBMIT ANONYMOUS COMPLAINTS OR CONCERNS .25
(4) Workplace violence prevention plan. (a) (I) E
ACH26
COMMITTEE SHALL DEVELOP AND EACH FACILITY SHALL ADOPT ,27
HB24-1066
-18- IMPLEMENT, AND ENFORCE A WRITTEN WORKPLACE VIOLENCE PREVENTION1
PLAN IN ACCORDANCE WITH THIS SECTION TO PROTECT FACILITY STAFF2
MEMBERS FROM WORKPLACE VIOLENCE AND THREATS OF WORKPLACE3
VIOLENCE AT THE FACILITY.4
(II) E
ACH FACILITY'S COMMITTEE, AT LEAST ANNUALLY, SHALL:5
(A) R
EVIEW AND EVALUATE THE FACILITY 'S WORKPLACE6
VIOLENCE PREVENTION PLAN; AND7
(B) R
EPORT THE RESULTS OF THE EVALUATION TO THE GOVERNING8
BODY OF THE FACILITY.9
(III) B
ASED ON THE REVIEW AND REPORT FROM ITS COMMITTEE10
PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION AND IN11
COLLABORATION WITH THE COMMITTEE , EACH FACILITY SHALL ANNUALLY12
REVIEW AND UPDATE , AS NECESSARY, ITS WORKPLACE VIOLENCE13
PREVENTION PLAN.14
(IV) E
ACH FACILITY SHALL MAKE AN ELECTRONIC COPY AND ,15
UPON REQUEST, A PRINTED COPY OF THE FACILITY'S WORKPLACE VIOLENCE16
PREVENTION PLAN AVAILABLE TO EACH FACILITY STAFF MEMBER AND TO17
THE FACILITY'S GOVERNING BODY . IF A FACILITY'S COMMITTEE18
DETERMINES THE PLAN CONTAINS INFORMATION THAT WOULD POSE A19
SECURITY THREAT IF MADE PUBLIC, THE COMMITTEE MAY REDACT THAT20
INFORMATION BEFORE PROVIDING THE PLAN .21
(b) A
FACILITY'S WORKPLACE VIOLENCE PREVENTION PLAN MUST :22
(I) I
NCLUDE POLICIES THAT PROVIDE PROTECTION FROM23
RETALIATION FOR FACILITY STAFF MEMBERS , PATIENTS, OR VISITORS WHO24
PROVIDE INFORMATION ON WORKPLACE VIOLENCE TO A FACILITY 'S25
COMMITTEE;26
(II) B
E BASED ON THE PRACTICE SETTING AND ADDRESS FACTORS27
HB24-1066
-19- RELATED TO THE PRACTICE SETTING, INCLUDING:1
(A) P
HYSICAL ATTRIBUTES OF THE PRACTICE SETTING , SUCH AS2
SECURITY SYSTEMS, ALARMS, AND EMERGENCY ALERT SYSTEMS ;3
(B) S
TAFFING, INCLUDING STAFFING PATTERNS AND PATIENT4
CLASSIFICATIONS, AND PROCEDURES TO MINIMIZE THE TIME THAT5
INDIVIDUAL STAFF MEMBERS SPEND WORKING ALONE IN AREAS OF HIGH6
RISK FOR WORKPLACE VIOLENCE ;7
(C) F
IRST AID, EMERGENCY RESPONSE PROTOCOLS , AND SECURITY8
PERSONNEL AVAILABILITY; AND9
(D) S
ECURITY RISKS ASSOCIATED WITH SPECIFIC UNITS AND SHIFTS,10
AREAS OF SECURITY-CONTROLLED ACCESS, AND SECURITY IN AREAS11
SURROUNDING THE FACILITY, SUCH AS EMPLOYEE PARKING AREAS ;12
(III) D
EFINE WORKPLACE VIOLENCE CONSISTENT WITH SUBSECTION13
(2)(j)
OF THIS SECTION;14
(IV) R
EQUIRE THE FACILITY TO PROVIDE WORKPLACE VIOLENCE15
PREVENTION TRAINING AND EDUCATION :16
(A) A
NNUALLY TO ALL FACILITY STAFF MEMBERS , INCLUDING17
MANAGERS, ADMINISTRATORS, AND CONTRACT OR TEMPORARY STAFF ,18
AND, IN A TRAINING SEPARATE FROM THE TRAINING PROVIDED TO FACILITY19
STAFF MEMBERS, TO THE FACILITY'S GOVERNING BOARD;20
(B) T
HAT IS INFORMED BY THE APPLICABLE COMMITTEE 'S ONGOING21
ANALYSIS OF WORKPLACE VIOLENCE DATA TRENDS FOR THE FACILITY ;22
(C) T
HAT IS BASED ON AND APPROPRIATE TO THE PRACTICE23
SETTING; AND24
(D) T
HAT INCLUDES VIOLENCE PREDICTING BEHAVIORS AND25
FACTORS; DE-ESCALATION TECHNIQUES TO MINIMIZE VIOLENT BEHAVIOR ;26
AND INFORMATION ON HOW TO INTERACT WITH PATIENTS WITH SPECIFIC27
HB24-1066
-20- HEALTH CONDITIONS, TRAUMA-INFORMED CARE, AND STRATEGIES TO1
PREVENT HARM;2
(V) P
RESCRIBE A SYSTEM FOR RESPONDING TO AND INVESTIGATING3
ACTUAL OR POTENTIAL INCIDENTS OF WORKPLACE VIOLENCE AT THE4
FACILITY AND REQUIRE THAT THE FACILITY SHARE THE SYSTEM AT LEAST5
ANNUALLY WITH ALL FACILITY STAFF MEMBERS ;6
(VI) S
TREAMLINE AND STANDARDIZE REPORTING PROCESSES ,7
ALLOW AT LEAST SEVEN DAYS TO CO MPLETE AN INCIDENT REPORT FILING ,8
AND CONSISTENTLY PROVIDE ADMINISTRATIVE SUPPORT TO FACILITY9
STAFF MEMBERS TO ENSURE THEIR ABILITY TO RESPOND TO INTERNAL AND10
EXTERNAL REQUIREMENTS FOR REPORTING OF WORKPLACE VIOLENCE ;11
(VII) R
EQUIRE FACILITY STAFF MEMBERS TO REPORT INCIDENTS OF12
WORKPLACE VIOLENCE THROUGH THE FACILITY 'S EXISTING OCCURRENCE13
REPORTING SYSTEMS WITHOUT DISCLOSING A PATIENT 'S, FACILITY STAFF14
MEMBER'S, OR VOLUNTEER'S PERSONALLY IDENTIFIABLE INFORMATION ;15
AND16
(VIII) R
EQUIRE THE FACILITY TO ADJUST PATIENT CARE17
ASSIGNMENTS TO THE EXTENT PRACTICABLE IN ORDER TO PREVENT A18
FACILITY STAFF MEMBER FROM TREATING OR PROVIDING SERVICES TO A19
PATIENT WHO HAS INTENTIONALLY PHYSICALLY ABUSED OR THREATENED20
THE FACILITY STAFF MEMBER.21
(c) (I) E
ACH FACILITY SHALL PROVIDE TRAINING ON THE22
WORKPLACE VIOLENCE PREVENTION PLAN FOR ALL FACILITY STAFF23
MEMBERS ANNUALLY .24
(II) I
F A FACILITY UPDATES ITS WORKPLACE VIOLENCE PREVENTION25
PLAN, THE FACILITY SHALL PROVIDE TRAINING ON THE UPDATED PLAN TO26
ALL FACILITY STAFF MEMBERS WITHIN NINETY DAYS AFTER THE DATE THE27
HB24-1066
-21- PLAN IS UPDATED.1
(d) E
ACH FACILITY SHALL POST ON ITS WEBSITE OR OTHERWISE2
MAKE AVAILABLE IN PRINTED FORM DETAILS OF THE ESSENTIAL ELEMENTS3
OF THE FACILITY'S WORKPLACE VIOLENCE PREVENTION PLAN TO ASSURE4
THAT FACILITY STAFF MEMBERS, PATIENTS, AND THE PUBLIC ARE AWARE5
OF THE FACILITY'S PRIORITY TO PREVENT AND MITIGATE WORKPLACE6
VIOLENCE. A FACILITY MAY REDACT FROM THE PUBLICLY AVAILABLE7
WORKPLACE VIOLENCE PREVENTION PLAN ANY INFORMATION THAT WOULD8
POSE A SECURITY THREAT IF MADE PUBLIC.9
(5) Workplace violence incidents. F
OLLOWING AN INCIDENT OF10
WORKPLACE VIOLENCE , A FACILITY SHALL, AT A MINIMUM, OFFER11
IMMEDIATE POST-INCIDENT SERVICES, INCLUDING:12
(a) R
ELIEF OF DUTIES WITH PAY FOR THE AFFECTED FACILITY STAFF13
MEMBER UNTIL RESOLUTION OF TRAUMA -ASSOCIATED SYMPTOMS; AND14
(b) N
ECESSARY ACUTE MEDICAL AND MENTAL HEALTH15
TREATMENT FOR EACH FACILITY STAFF MEMBER WHO IS DIRECTLY16
INVOLVED IN THE INCIDENT AND TIMELY FOLLOW -UP MENTAL HEALTH17
SERVICES AND SUPPORTS.18
(6) Prohibited acts. (a) A
FACILITY SHALL NOT DISCOURAGE A19
FACILITY STAFF MEMBER FROM EXERCISING THE FACILITY STAFF MEMBER 'S20
RIGHT TO CONTACT OR FILE A REPORT WITH LAW ENFORCEMENT OR ANY21
REGULATORY BODY REGARDING AN INCIDENT OF WORKPLACE VIOLENCE .22
(b) A
PERSON SHALL NOT DISCIPLINE, INCLUDING BY SUSPENSION23
OR TERMINATION OF EMPLOYMENT , DISCRIMINATE AGAINST, OR RETALIATE24
AGAINST ANOTHER PERSON WHO :25
(I) I
N GOOD FAITH REPORTS AN INCIDENT OF WORKPLACE26
VIOLENCE;27
HB24-1066
-22- (II) ADVISES A FACILITY STAFF MEMBER OF THE FACILITY STAFF1
MEMBER'S RIGHT TO REPORT AN INCIDENT OF WORKPLACE VIOLENCE ; OR2
(III) C
HOOSES TO NOT REPORT AN INCIDENT OF WORKPLACE3
VIOLENCE TO LAW ENFORCEMENT .4
(7) Reporting. (a) E
ACH FACILITY SHALL SUBMIT BIANNUAL5
REPORTS OF WORKPLACE VIOLENCE INCIDENTS TO THE BHA IN A MANNER6
DETERMINED BY THE BHA. REPORTS MUST INCLUDE, AT A MINIMUM:7
(I) T
HE FACILITY AND LOCATION WITHIN THE FACILITY WHERE AN8
INCIDENT OCCURRED;9
(II) T
HE TYPE OF WORKPLACE VIOLENCE , SUCH AS WHETHER IT10
WAS STAFF ON STAFF, PATIENT ON STAFF, OR OTHER INDIVIDUAL AT THE11
FACILITY ON STAFF; THE NATURE OF THE WORKPLACE VIOLENCE , SUCH AS12
SEXUAL, PHYSICAL, OR A THREAT; AND WHETHER THE INCIDENT RESULTED13
IN BODILY INJURY OR OTHER PHYSICAL OR PSYCHOLOGICAL TRAUMA ;14
(III) T
HE STAFF-TO-PATIENT RATIO AT THE TIME OF THE INCIDENT;15
(IV) T
HE FACILITY RESPONSE TO THE INCIDENT; AND16
(V) I
F THE INCIDENT INVOLVED A PATIENT , THE PRESENTING17
DIAGNOSIS OF THE PATIENT.18
(b) A
FTER REMOVING ANY PERSONALLY IDENTIFIABLE19
INFORMATION, THE BHA SHALL EITHER:20
(I) P
OST FACILITY REPORTS REQUIRED BY THIS SUBSECTION (7) ON21
A PUBLIC-FACING WEBSITE; OR22
(II) S
END THE FACILITY REPORTS TO THE DEPARTMENT OF PUBLIC23
HEALTH AND ENVIRONMENT FOR POSTING IN ACCORDANCE WITH SECTION24
25-3-906
(2).25
SECTION 5. Act subject to petition - effective date. This act26
takes effect September 1, 2024; except that, if a referendum petition is27
HB24-1066
-23- filed pursuant to section 1 (3) of article V of the state constitution against1
this act or an item, section, or part of this act within the ninety-day period2
after final adjournment of the general assembly, then the act, item,3
section, or part will not take effect unless approved by the people at the4
general election to be held in November 2024 and, in such case, will take5
effect on the date of the official declaration of the vote thereon by the6
governor.7
HB24-1066
-24-