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HOUSE DOCKET, NO. 3502 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2655
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
John J. Lawn, Jr.
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act requiring health care employers to develop and implement programs to prevent
workplace violence.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/17/2025John J. Mahoney13th Worcester1/22/2025Sean Reid11th Essex1/22/2025Vanna Howard17th Middlesex1/22/2025Mike Connolly26th Middlesex1/22/2025Steven Owens29th Middlesex1/22/2025Hannah Kane11th Worcester1/22/2025Mindy Domb3rd Hampshire1/22/2025Christopher Hendricks11th Bristol1/22/2025Angelo J. Puppolo, Jr.12th Hampden1/22/2025David Paul Linsky5th Middlesex1/22/2025Lindsay N. Sabadosa1st Hampshire1/22/2025James K. Hawkins2nd Bristol1/22/2025Tram T. Nguyen18th Essex1/22/2025Brian W. Murray10th Worcester1/22/2025Steven Ultrino33rd Middlesex1/22/2025William F. MacGregor10th Suffolk1/23/2025 2 of 2
Natalie M. Blais1st Franklin1/23/2025Paul McMurtry11th Norfolk1/23/2025Paul J. Donato35th Middlesex1/23/2025Rodney M. Elliott16th Middlesex1/23/2025Joseph W. McGonagle, Jr.28th Middlesex1/23/2025Natalie M. Higgins4th Worcester1/24/2025Simon Cataldo14th Middlesex1/27/2025Kathleen R. LaNatra12th Plymouth1/27/2025Danillo A. Sena37th Middlesex1/28/2025Sean Garballey23rd Middlesex1/28/2025Christine P. Barber34th Middlesex1/31/2025Michael D. BradySecond Plymouth and Norfolk1/31/2025Christopher M. Markey9th Bristol1/31/2025Estela A. Reyes4th Essex2/7/2025Susannah M. Whipps2nd Franklin2/7/2025Michelle L. Badger1st Plymouth2/10/2025Colleen M. Garry36th Middlesex2/10/2025Carole A. Fiola6th Bristol2/11/2025James C. Arena-DeRosa8th Middlesex2/12/2025Margaret R. Scarsdale1st Middlesex2/13/2025Paul R. FeeneyBristol and Norfolk2/13/2025Thomas M. Stanley9th Middlesex2/13/2025Carmine Lawrence Gentile13th Middlesex2/18/2025Erika Uyterhoeven27th Middlesex2/20/2025Carlos González10th Hampden2/20/2025Priscila S. Sousa6th Middlesex2/20/2025James Arciero2nd Middlesex2/24/2025Samantha Montaño15th Suffolk2/26/2025Kevin G. Honan17th Suffolk2/26/2025Manny Cruz7th Essex3/4/2025Kimberly N. Ferguson1st Worcester3/4/2025Adrian C. Madaro1st Suffolk3/5/2025Antonio F. D. Cabral13th Bristol3/5/2025Christopher J. Worrell5th Suffolk3/5/2025 1 of 10
HOUSE DOCKET, NO. 3502 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2655
By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 2655) of
John J. Lawn, Jr. and others relative to providing protections for health care employees who are
victims of violence or assault and battery. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act requiring health care employers to develop and implement programs to prevent
workplace violence.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by adding the following section:-
3 Section 245. (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Employee”, an individual employed by or contracted for employment by, providing
6health care services at, volunteering at, or participating in an educational course of instruction at
7a health care facility, as defined in this section.
8 “Health care employer”, any individual, partnership, association, corporation, trust or any
9person or group of persons operating a health care facility.
10 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
11University of Massachusetts medical school, a medium-security state correctional facility for 2 of 10
12male inmates located in Plymouth county that is operated and maintained by a private company
13under contract with the department of correction, or any state acute care facility, non-acute care
14facility, continuing care facility and group homes operated, funded or subject to oversight by the
15department of public health, the department of mental health or the department of developmental
16services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
17mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
18hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii)
19outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
20that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
21considered a health care facility if the facility is licensed in at least 1 of the included categories.
22 “Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful
23touching of another person; (ii) an attempt or act to use some degree of physical force on another
24person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch
25without permission, use immediate physical force or injure a particular person now or in the
26future, that if carried out would constitute a crime, and causes another person to reasonably
27believe that the person has the intent and ability to carry out such conduct.
28 (b) Annually, each health care employer shall perform a facility specific risk assessment
29that includes, but is not limited to, the standards determined by the department and in
30consultation with the office of health equity. The facility specific risk assessment shall be done in
31cooperation with the employees of the health care employer and any labor organization or
32organizations representing the employees, examining all factors, which may put any of the
33employees at risk of workplace violence. The factors shall include, but not be limited to: (i)
34working in public settings; (ii) guarding or maintaining property or possessions; (iii) working in 3 of 10
35high-crime areas; (iv) working late night or early morning hours; (v) working alone or in small
36numbers; (vi) uncontrolled public access to the workplace; (vii) working in public areas where
37people are in crisis; (viii) working in areas where a patient or resident may exhibit violent
38behavior; (ix) working in areas with known security problems; and (x) working with insufficient
39qualified staff in 1 or more position titles to address foreseeable risk factors.
40 (c) Based on the findings of the risk assessment in subsection (b), the health care
41employer shall develop and implement a program to minimize the danger of workplace violence
42to employees, which shall include appropriate employee training, and a system for the ongoing
43reporting and monitoring of incidents and situations involving violence or the risk of violence.
44Employee training shall include, in addition to all employer training program policies, methods
45of reporting to appropriate public safety officials, bodies or agencies and processes necessary for
46the filing of criminal charges.
47 (d) Each health care employer shall develop a written violence prevention plan setting
48forth the employer’s workplace violence prevention plan. The health care employer shall make
49the plan available to each employee and provide the health care facility plan to any of its
50employees upon written request. The health care employer shall provide upon written request the
51health care facility plan to any labor organization or organizations representing any of its
52employees. The plan shall include but not be limited to: (i) a list of those factors and
53circumstances that may pose a danger to employees; (ii) a description of the methods that the
54health care employer will use to alleviate hazards associated with each factor; including, but not
55limited to, employee training and any appropriate changes in job design, staffing, security,
56equipment or facilities; (iii) a post-incident debriefing process with affected staff; and (iv) a
57description of the reporting and monitoring system. 4 of 10
58 (e) Each health care employer shall designate a senior manager responsible for the
59development and support of an in-house crisis response team for employee-victims of workplace
60violence. Said team shall implement an assaulted staff action program that includes, but is not
61limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups,
62employee victims’ family crisis intervention, peer-help and professional referrals.
63 (f) Any health care employer who violates any rule, regulation or requirement made by
64the department under authority hereof may, based on the reason for the violation and the
65discretion of the department, be punished by a fine of not more than $2,000 for each offense. The
66department or its representative or any aggrieved employee, any interested party or any officer of
67any labor union or association, whether incorporated or otherwise, may file a written complaint
68with the district court in the jurisdiction of which the violation occurs and shall promptly notify
69the attorney general in writing of such complaint. The attorney general, upon determination that
70there is a violation of any workplace standard relative to the protection of the occupational health
71and safety of employees or of any standard of requirement of licensure, may order any work site
72to be closed by way of the issuance of a cease and desist order enforceable in the appropriate
73courts of the commonwealth.
74 (g) No employee shall be penalized by a health care employer in any way as a result of
75such employee’s filing of a complaint or otherwise providing notice to the department in regard
76to the occupational health and safety of such employee or their fellow employees exposed to
77workplace violence risk factors.
78 (h) Each health care employer shall submit a report annually, on a form prescribed by the
79commissioner of the department, of all incidents of workplace violence reported to the health 5 of 10
80care employer that occurred at the health care facility on an employee, an emergency medical
81technician, an ambulance operator or an ambulance attendant. The report shall be submitted to
82the department and the office of the district attorney for the county where the health care facility
83is located. Not more than 90 days after receiving the reports, the department shall make the
84aggregate data statewide and by county publicly available; provided that the department
85categorize the aggregate data by occupation and incident type.
86 SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after
87section 52E the following section:-
88 Section 52F. (a) For purposes of this section, the following words shall, unless the
89context clearly indicates otherwise, have the following meanings:-
90 “Employee”, an individual employed by a health care employer.
91 “Health care employer”, any individual, partnership, association, corporation or, trust or
92any person or group of persons operating a health care facility.
93 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
94University of Massachusetts medical school, a medium-security state correctional facility for
95male inmates located in Plymouth county that is operated and maintained by a private company
96under contract with the department of correction, or any state acute care facility, non-acute care
97facility, continuing care facility and group homes operated, funded or subject to oversight by the
98department of public health, the department of mental health or the department of developmental
99services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
100mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
101hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii) 6 of 10
102outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
103that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
104considered a health care facility if the facility is licensed in at least 1 of the included categories.
105 (b) A health care facility shall permit an employee to take paid leave from work if: (i) the
106employee is a victim of assault or assault and battery as defined under section 13I of chapter 265
107which occurred in the line of duty and; (ii) the employee uses the leave to seek or obtain victim
108services or legal assistance, obtain a protective order from a court, appear in court or before a
109grand jury, or meet with a district attorney or other law enforcement official.
110 (c) An employee seeking leave under this section shall not have to use annual leave,
111vacation leave, personal leave or sick leave available to the employee, prior to requesting or
112taking leave under this section. (d) A health care employer may require an employee to provide
113documentation evidencing that the employee is a victim of assault or assault and battery
114sustained in the line of duty and that the leave taken is consistent with the conditions of
115subsection (b). An employee shall provide such documentation to the health care employer
116within 5 business days after the health care employer requests documentation relative to the
117employee’s absence.
118 (e) An employee seeking leave from work pursuant to subsection (b) shall provide
119advance notice of the leave to the employer in accordance with the employer's leave policy;
120provided, however, that if an employee is absent on an unauthorized basis, the health care
121employer shall not take any negative action against the employee if the employee, within 30 days
122from the unauthorized absence or within 30 days from the last unauthorized absence in the 7 of 10
123instance of consecutive days of unauthorized absences, provides documentation that the
124unauthorized absence meets the criteria of subsection (b).
125 (f) All information related to the employee's leave taken pursuant to this section shall be
126kept confidential by the health care employer and shall not be disclosed, except to the extent that
127disclosure is: (i) requested or consented to, in writing, by the employee; (ii) ordered to be
128released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required
129in the course of an investigation authorized by law enforcement, including, but not limited to, an
130investigation by the attorney general; or (v) necessary to protect the safety of the employee or
131others employed at the workplace.
132 (g) No health care employer shall require an employee to exhaust all annual leave,
133vacation leave, personal leave or sick leave available to the employee prior to requesting or
134taking leave under this section.
135 (h) No health care employer shall coerce, interfere with, restrain or deny the exercise of,
136or any attempt to exercise, any rights provided by this section or to make leave requested or
137taken hereunder contingent upon whether or not the victim maintains contact with the alleged
138abuser.
139 (i) No health care employer shall discharge or in any other manner discriminate against
140an employee for exercising the employee’s rights under this section. An employee who takes
141leave under this section shall not lose any employment benefit accrued prior to the date on which
142the leave taken under this section commenced as a result of taking said leave. Upon the
143employee’s return from said leave, the employee shall be entitled to restoration to the
144employee’s original job or to an equivalent position. 8 of 10
145 (j) Each health care employer shall post in a conspicuous place within the health care
146facility a notice prepared by the department indicating the rights and responsibilities provided by
147this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian,
148Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary
149language of at least 10,000 or ½ of one per cent of all residents of the commonwealth. The
150required workplace notice shall be in English and each language other than English which is the
151primary language of 5 or more employees or self-employed individuals of that workplace, if such
152notice is available from the department. Each health care employer shall notify each employee
153not more than 30 days from the beginning date of the employee’s employment, the rights and
154responsibilities provided by this section, including those related to notification requirements and
155confidentiality.
156 (k) This section shall not be construed to exempt an employer from complying with
157chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights
158of any employee under said chapter 258B, said section 14B of chapter 268 or any other general
159or special law.
160 SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020
161Official Edition, is hereby amended by adding the following paragraphs:-
162 Whoever knowingly and intentionally commits an assault or an assault and battery on an
163employee, as defined in section 245 of chapter 111, while in the line of duty, shall be punished
164by imprisonment in state prison for not more than five years or imprisonment in a jail or house of
165correction for not less than 90 days nor more than 2 and one-half years or by a fine of not less
166than $500 nor more than $5,000, or any combination of said fines and imprisonment. 9 of 10
167 Any emergency medical technician, ambulance operator, ambulance attendant or a health
168care provider as defined in section 245 of chapter 111, who is the victim of assault or assault and
169battery at a health care facility, as such term is defined in said section 245, in the line of duty
170shall be given the option of providing the address of the health care facility where the assault or
171assault and battery occurred or of the labor organization in which they are a member in good
172standing. In instances where the address of the health care facility is used or labor organization to
173which the employee is a member in good standing, the health care facility or labor organization
174shall ensure that the individual receives any documents pertaining to the assault or assault and
175battery within 24 hours of receipt by the health care facility or labor organization. The health
176care facility or labor organization shall demonstrate that it has provided any and all
177documentation by obtaining a signature from the individual acknowledging receipt.
178 SECTION 4. Section 13I of Chapter 265 of the General Laws as appearing in the 2020
179Official Edition, is hereby amended by striking out, in line 4, the words "treating or transporting
180a person".
181 SECTION 5. The commissioner of public health shall adopt rules and regulations within
182180 days of enactment of this act necessary to implement and enforce the purposes of section
183245 of chapter 111 of the General Laws.
184 SECTION 6. Notwithstanding any general or special law or rule or regulation to the
185contrary, within twelve months of the date of enactment, the executive office of health and
186human services shall coordinate with the executive office of public safety and security to issue a
187report and recommendations to improve data sharing, communication, and collaboration between
188health care facilities, as defined by section 51 of chapter 111 of the general laws, and public 10 of 10
189safety and law enforcement entities. The regulations shall include but not be limited to: allowing
190health care facilities to access reports on individuals maintained by agencies within each
191department of the executive office of health and human services, and public safety and law
192enforcement officials through a secure electronic medical record, health information exchange,
193or other similar software or information systems connected to health care facilities, for the
194purposes of improving ease of access and utilization of such data for treatment and diagnosis,
195and supporting integration of such data within a patient’s electronic health record for purposes of
196treatment of diagnosis; expansion of safe and appropriate state-operated alternative placement
197options for patients presenting in health care facilities in acute mental health or behavioral health
198crisis and for whom all reasonable clinical interventions have been unsuccessful, and other
199alternatives, such as transfer to a more secure hospital, are unavailable, and; identifying and
200establishing new pathways to enter patients into the Department of Mental Health continuing
201care system or similar treatment that do not require an arrest.