GREEN SHEET REDIGEST
HB 312 2022 Regular Session Dustin Miller
HEALTH CARE/PROVIDERS: Enacts reforms to address workplace violence in
healthcare settings
DIGEST
Proposed law provides that, for its purposes, "regulated entity" means any licensed healthcare
facility listed in present law, R.S. 40:2006(A)(2); a federally qualified health center as
defined in present law; a pharmacy permitted in accordance with present law; and any
healthcare provider's office at which patients are treated that is not otherwise licensed by the
state but provides healthcare services delivered by a licensee of a healthcare professional
licensing board created in present law.
Proposed law provides that, for its purposes, "workplace violence" means violent acts,
including battery or the intentional placing of another person in reasonable apprehension of
sustaining battery, directed toward persons at work or on duty with their employment.
Proposed law requires every regulated entity to display at its premises at least one sign which
indicates that abuse or assault of healthcare staff will not be tolerated and could result in a
felony conviction under present law, R.S. 14:38 or other applicable criminal laws. Requires
that each sign shall conform with the following specifications:
(1)The sign shall be posted in a conspicuous location in a publicly accessible area of the
facility.
(2)For a regulated entity with five or fewer providers, the sign shall be at least 8 ½
inches tall by 11 inches wide and written in the English language with letters that
may be less than one square inch in size.
(3)For a regulated entity with more than five providers, the sign shall be at least 18
inches tall by 18 inches wide and written in the English language with letters not less
than one square inch in size
Proposed law requires the La. Department of Health (LDH) to develop, publish, and maintain
public information regarding the issue of healthcare workplace violence on its website.
Provides that the information shall include, at a minimum, all of the following:
(1)A listing of best practices, toolkits, and resources on the issue of healthcare
workplace violence from governmental and private authorities including, without
limitation, the Occupational Safety and Health Administration and the Joint
Commission.
(2)Actions that healthcare facilities can take and policies that the facilities can adopt to
prevent, respond to, report, and mitigate healthcare workplace violence.
(3)A checklist of items for regulated entities to consider when developing a workplace
violence prevention plan.
Proposed law requires every regulated entity to develop and maintain a workplace violence
prevention plan. Provides specifications for elements and minimum content of the plans.
Authorizes LDH to prescribe additional required content for the plans beyond the material
specifically required by proposed law.
Proposed law requires every regulated entity to maintain its workplace violence prevention
plan in effect at all times, and to orient all of its permanent and temporary employees to the
workplace violence prevention plan.
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Prepared by Brandi Cannon. Proposed law requires every regulated entity to report to the proper authority any instance
of workplace violence that occurs on its property.
Proposed law prohibits regulated entities from taking any retaliatory action against a person
who, in good faith, reports an allegation or instance of workplace violence. Provides that no
regulated entity shall prohibit an employee from, or take punitive or retaliatory action against
an employee for, seeking assistance and intervention from local emergency services or law
enforcement when a violent incident occurs.
Proposed law prohibits regulated entities from discharging, demoting, suspending,
threatening, or harassing an employee, or discriminating against an employee in the terms
and conditions of his employment, because of any lawful act engaged in by the employee,
or taken on behalf of the employee, in reporting to law enforcement a crime or allegation
involving workplace violence at the entity's facility. Stipulates that the employee protections
provided for in proposed law shall be in addition to, and shall not replace, any protections
conferred by present law relating to labor and employment.
Proposed law authorizes LDH to take action against any license it has issued to a regulated
entity or an owner of a regulated entity's facility, up to and including license revocation, to
enforce the provisions of proposed law. Provides that with respect to enforcement of
proposed law, LDH shall adopt administrative rules and regulations to provide for all of the
following:
(1)Penalties associated with violations of particular provisions of proposed law.
(2)Notice to a regulated entity of a violation.
(3)An informal reconsideration process.
(4)An appeal procedure including judicial review.
Proposed law provides that proposed law shall be known and may be cited as the "Lynne
Truxillo Act".
(Amends the heading of Part XIII of Chapter 11 of Title 40 of the La. Revised Statutes of
1950 and R.S. 40:2199(A)(1); Adds R.S. 40:2199.11-2199.19)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Delete from proposed law all instances of the defined term "licensed healthcare
facility" and replace the term with "regulated entity", defined as any licensed
healthcare facility listed in present law, R.S. 40:2006(A)(2); a federally qualified
health center as defined in present law; a pharmacy permitted in accordance with
present law; and any healthcare provider's office at which patients are treated that
is not otherwise licensed by the state but provides healthcare services delivered
by a licensee of a healthcare professional licensing board created in present law.
2. Revise the definition of the term "workplace violence" for purposes of proposed
law such that the term would mean violent acts, including battery or the
intentional placing of another person in reasonable apprehension of sustaining
battery, directed toward persons at work or on duty with their employment.
3. Delete proposed law requiring LDH to promulgate in rule the content
requirements for workplace violence prevention plans.
The House Floor Amendments to the engrossed bill:
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Prepared by Brandi Cannon. 1. Provide that proposed law shall be known and may be cited as the "Lynne
Truxillo Act".
2. Make a technical change.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Specifies the requirements of the sign relative to the number of providers at a
regulated entity.
2. Requires LDH to provide a checklist for the development of a workplace
violence prevention plan.
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Prepared by Brandi Cannon.