Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1718 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	SENATE DOCKET, NO. 1639 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1718
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act requiring health care employers to develop and implement programs to prevent
13	13	workplace violence.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexVanna Howard17th Middlesex1/22/2025Hannah Kane11th Worcester1/22/2025Paul W. MarkBerkshire, Hampden, Franklin and
17	17	Hampshire
18	18	1/22/2025James K. Hawkins2nd Bristol1/22/2025John F. KeenanNorfolk and Plymouth1/29/2025Michael D. BradySecond Plymouth and Norfolk1/31/2025Sal N. DiDomenicoMiddlesex and Suffolk1/31/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2025Susannah M. Whipps2nd Franklin2/7/2025Paul R. FeeneyBristol and Norfolk2/13/2025Thomas M. Stanley9th Middlesex2/13/2025John C. VelisHampden and Hampshire2/21/2025William J. Driscoll, Jr.Norfolk, Plymouth and Bristol2/25/2025Manny Cruz7th Essex2/26/2025Nick CollinsFirst Suffolk3/4/2025 2 of 2
19	19	Dylan A. FernandesPlymouth and Barnstable3/10/2025Robyn K. KennedyFirst Worcester3/10/2025 1 of 10
20	20	SENATE DOCKET, NO. 1639 FILED ON: 1/16/2025
21	21	SENATE . . . . . . . . . . . . . . No. 1718
22	22	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1718) of Joan B. Lovely, Vanna
23	23	Howard, Hannah Kane, Paul W. Mark and other members of the General Court for legislation to
24	24	require health care employers to develop and implement programs to prevent workplace
25	25	violence. Public Safety and Homeland Security.
26	26	[SIMILAR MATTER FILED IN PREVIOUS SESSION
27	27	SEE SENATE, NO. 1539 OF 2023-2024.]
28	28	The Commonwealth of Massachusetts
29	29	_______________
30	30	In the One Hundred and Ninety-Fourth General Court
31	31	(2025-2026)
32	32	_______________
33	33	An Act requiring health care employers to develop and implement programs to prevent
34	34	workplace violence.
35	35	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
36	36	of the same, as follows:
37	37	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
38	38	2is hereby amended by adding the following section:-
39	39	3 Section 245. (a) As used in this section, the following words shall, unless the context
40	40	4clearly requires otherwise, have the following meanings:-
41	41	5 “Employee”, an individual employed by or contracted for employment by, providing
42	42	6health care services at, volunteering at, or participating in an educational course of instruction at
43	43	7a health care facility, as defined in this section. 2 of 10
44	44	8 “Health care employer”, any individual, partnership, association, corporation, trust or any
45	45	9person or group of persons operating a health care facility.
46	46	10 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
47	47	11University of Massachusetts medical school, a medium-security state correctional facility for
48	48	12male inmates located in Plymouth county that is operated and maintained by a private company
49	49	13under contract with the department of correction, or any state acute care facility, non-acute care
50	50	14facility, continuing care facility and group homes operated, funded or subject to oversight by the
51	51	15department of public health, the department of mental health or the department of developmental
52	52	16services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
53	53	17mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
54	54	18hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii)
55	55	19outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
56	56	20that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
57	57	21considered a health care facility if the facility is licensed in at least 1 of the included categories.
58	58	22 “Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful
59	59	23touching of another person; (ii) an attempt or act to use some degree of physical force on another
60	60	24person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch
61	61	25without permission, use immediate physical force or injure a particular person now or in the
62	62	26future, that if carried out would constitute a crime, and causes another person to reasonably
63	63	27believe that the person has the intent and ability to carry out such conduct.
64	64	28 (b) Annually, each health care employer shall perform a facility specific risk assessment
65	65	29that includes, but is not limited to, the standards determined by the department and in 3 of 10
66	66	30consultation with the office of health equity. The facility specific risk assessment shall be done in
67	67	31cooperation with the employees of the health care employer and any labor organization or
68	68	32organizations representing the employees, examining all factors, which may put any of the
69	69	33employees at risk of workplace violence. The factors shall include, but not be limited to: (i)
70	70	34working in public settings; (ii) guarding or maintaining property or possessions; (iii) working in
71	71	35high-crime areas; (iv) working late night or early morning hours; (v) working alone or in small
72	72	36numbers; (vi) uncontrolled public access to the workplace; (vii) working in public areas where
73	73	37people are in crisis; (viii) working in areas where a patient or resident may exhibit violent
74	74	38behavior; (ix) working in areas with known security problems; and (x) working with insufficient
75	75	39qualified staff in 1 or more position titles to address foreseeable risk factors.
76	76	40 (c) Based on the findings of the risk assessment in subsection (b), the health care
77	77	41employer shall develop and implement a program to minimize the danger of workplace violence
78	78	42to employees, which shall include appropriate employee training, and a system for the ongoing
79	79	43reporting and monitoring of incidents and situations involving violence or the risk of violence.
80	80	44Employee training shall include, in addition to all employer training program policies, methods
81	81	45of reporting to appropriate public safety officials, bodies or agencies and processes necessary for
82	82	46the filing of criminal charges.
83	83	47 (d) Each health care employer shall develop a written violence prevention plan setting
84	84	48forth the employer’s workplace violence prevention plan. The health care employer shall make
85	85	49the plan available to each employee and provide the health care facility plan to any of its
86	86	50employees upon written request. The health care employer shall provide upon written request the
87	87	51health care facility plan to any labor organization or organizations representing any of its
88	88	52employees. The plan shall include but not be limited to: (i) a list of those factors and 4 of 10
89	89	53circumstances that may pose a danger to employees; (ii) a description of the methods that the
90	90	54health care employer will use to alleviate hazards associated with each factor; including, but not
91	91	55limited to, employee training and any appropriate changes in job design, staffing, security,
92	92	56equipment or facilities; (iii) a post-incident debriefing process with affected staff; and (iv) a
93	93	57description of the reporting and monitoring system.
94	94	58 (e) Each health care employer shall designate a senior manager responsible for the
95	95	59development and support of an in-house crisis response team for employee-victims of workplace
96	96	60violence. Said team shall implement an assaulted staff action program that includes, but is not
97	97	61limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups,
98	98	62employee victims’ family crisis intervention, peer-help and professional referrals.
99	99	63 (f) Any health care employer who violates any rule, regulation or requirement made by
100	100	64the department under authority hereof may, based on the reason for the violation and the
101	101	65discretion of the department, be punished by a fine of not more than $2,000 for each offense. The
102	102	66department or its representative or any aggrieved employee, any interested party or any officer of
103	103	67any labor union or association, whether incorporated or otherwise, may file a written complaint
104	104	68with the district court in the jurisdiction of which the violation occurs and shall promptly notify
105	105	69the attorney general in writing of such complaint. The attorney general, upon determination that
106	106	70there is a violation of any workplace standard relative to the protection of the occupational health
107	107	71and safety of employees or of any standard of requirement of licensure, may order any work site
108	108	72to be closed by way of the issuance of a cease and desist order enforceable in the appropriate
109	109	73courts of the commonwealth. 5 of 10
110	110	74 (g) No employee shall be penalized by a health care employer in any way as a result of
111	111	75such employee’s filing of a complaint or otherwise providing notice to the department in regard
112	112	76to the occupational health and safety of such employee or their fellow employees exposed to
113	113	77workplace violence risk factors.
114	114	78 (h) Each health care employer shall submit a report annually, on a form prescribed by the
115	115	79commissioner of the department, of all incidents of workplace violence reported to the health
116	116	80care employer that occurred at the health care facility on an employee, an emergency medical
117	117	81technician, an ambulance operator or an ambulance attendant. The report shall be submitted to
118	118	82the department and the office of the district attorney for the county where the health care facility
119	119	83is located. Not more than 90 days after receiving the reports, the department shall make the
120	120	84aggregate data statewide and by county publicly available; provided that the department
121	121	85categorize the aggregate data by occupation and incident type.
122	122	86 SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after
123	123	87section 52E the following section:-
124	124	88 Section 52F. (a) For purposes of this section, the following words shall, unless the
125	125	89context clearly indicates otherwise, have the following meanings:-
126	126	90 “Employee”, an individual employed by a health care employer.
127	127	91 “Health care employer”, any individual, partnership, association, corporation or, trust or
128	128	92any person or group of persons operating a health care facility.
129	129	93 “Health care facility”, a hospital, licensed under section 51, the teaching hospital of the
130	130	94University of Massachusetts medical school, a medium-security state correctional facility for 6 of 10
131	131	95male inmates located in Plymouth county that is operated and maintained by a private company
132	132	96under contract with the department of correction, or any state acute care facility, non-acute care
133	133	97facility, continuing care facility and group homes operated, funded or subject to oversight by the
134	134	98department of public health, the department of mental health or the department of developmental
135	135	99services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v)
136	136	100mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii)
137	137	101hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii)
138	138	102outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided
139	139	103that, a facility with more than 1 license or that is licensed to provide multiple services, shall be
140	140	104considered a health care facility if the facility is licensed in at least 1 of the included categories.
141	141	105 (b) A health care facility shall permit an employee to take paid leave from work if: (i) the
142	142	106employee is a victim of assault or assault and battery as defined under section 13I of chapter 265
143	143	107which occurred in the line of duty and; (ii) the employee uses the leave to seek or obtain victim
144	144	108services or legal assistance, obtain a protective order from a court, appear in court or before a
145	145	109grand jury, or meet with a district attorney or other law enforcement official.
146	146	110 (c) An employee seeking leave under this section shall not have to use annual leave,
147	147	111vacation leave, personal leave or sick leave available to the employee, prior to requesting or
148	148	112taking leave under this section. (d) A health care employer may require an employee to provide
149	149	113documentation evidencing that the employee is a victim of assault or assault and battery
150	150	114sustained in the line of duty and that the leave taken is consistent with the conditions of
151	151	115subsection (b). An employee shall provide such documentation to the health care employer
152	152	116within 5 business days after the health care employer requests documentation relative to the
153	153	117employee’s absence. 7 of 10
154	154	118 (e) An employee seeking leave from work pursuant to subsection (b) shall provide
155	155	119advance notice of the leave to the employer in accordance with the employer's leave policy;
156	156	120provided, however, that if an employee is absent on an unauthorized basis, the health care
157	157	121employer shall not take any negative action against the employee if the employee, within 30 days
158	158	122from the unauthorized absence or within 30 days from the last unauthorized absence in the
159	159	123instance of consecutive days of unauthorized absences, provides documentation that the
160	160	124unauthorized absence meets the criteria of subsection (b).
161	161	125 (f) All information related to the employee's leave taken pursuant to this section shall be
162	162	126kept confidential by the health care employer and shall not be disclosed, except to the extent that
163	163	127disclosure is: (i) requested or consented to, in writing, by the employee; (ii) ordered to be
164	164	128released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required
165	165	129in the course of an investigation authorized by law enforcement, including, but not limited to, an
166	166	130investigation by the attorney general; or (v) necessary to protect the safety of the employee or
167	167	131others employed at the workplace.
168	168	132 (g) No health care employer shall require an employee to exhaust all annual leave,
169	169	133vacation leave, personal leave or sick leave available to the employee prior to requesting or
170	170	134taking leave under this section.
171	171	135 (h) No health care employer shall coerce, interfere with, restrain or deny the exercise of,
172	172	136or any attempt to exercise, any rights provided by this section or to make leave requested or
173	173	137taken hereunder contingent upon whether or not the victim maintains contact with the alleged
174	174	138abuser. 8 of 10
175	175	139 (i) No health care employer shall discharge or in any other manner discriminate against
176	176	140an employee for exercising the employee’s rights under this section. An employee who takes
177	177	141leave under this section shall not lose any employment benefit accrued prior to the date on which
178	178	142the leave taken under this section commenced as a result of taking said leave. Upon the
179	179	143employee’s return from said leave, the employee shall be entitled to restoration to the
180	180	144employee’s original job or to an equivalent position.
181	181	145 (j) Each health care employer shall post in a conspicuous place within the health care
182	182	146facility a notice prepared by the department indicating the rights and responsibilities provided by
183	183	147this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian,
184	184	148Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary
185	185	149language of at least 10,000 or ½ of one per cent of all residents of the commonwealth. The
186	186	150required workplace notice shall be in English and each language other than English which is the
187	187	151primary language of 5 or more employees or self-employed individuals of that workplace, if such
188	188	152notice is available from the department. Each health care employer shall notify each employee
189	189	153not more than 30 days from the beginning date of the employee’s employment, the rights and
190	190	154responsibilities provided by this section, including those related to notification requirements and
191	191	155confidentiality.
192	192	156 (k) This section shall not be construed to exempt an employer from complying with
193	193	157chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights
194	194	158of any employee under said chapter 258B, said section 14B of chapter 268 or any other general
195	195	159or special law. 9 of 10
196	196	160 SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020
197	197	161Official Edition, is hereby amended by adding the following paragraphs:-
198	198	162 Whoever knowingly and intentionally commits an assault or an assault and battery on an
199	199	163employee, as defined in section 245 of chapter 111, while in the line of duty, shall be punished
200	200	164by imprisonment in state prison for not more than five years or imprisonment in a jail or house of
201	201	165correction for not less than 90 days nor more than 2 and one-half years or by a fine of not less
202	202	166than $500 nor more than $5,000, or any combination of said fines and imprisonment
203	203	167 Any emergency medical technician, ambulance operator, ambulance attendant or a health
204	204	168care provider as defined in section 245 of chapter 111, who is the victim of assault or assault and
205	205	169battery at a health care facility, as such term is defined in said section 245, in the line of duty
206	206	170shall be given the option of providing the address of the health care facility where the assault or
207	207	171assault and battery occurred or of the labor organization in which they are a member in good
208	208	172standing. In instances where the address of the health care facility is used or labor organization to
209	209	173which the employee is a member in good standing, the health care facility or labor organization
210	210	174shall ensure that the individual receives any documents pertaining to the assault or assault and
211	211	175battery within 24 hours of receipt by the health care facility or labor organization. The health
212	212	176care facility or labor organization shall demonstrate that it has provided any and all
213	213	177documentation by obtaining a signature from the individual acknowledging receipt.
214	214	178 SECTION 4. Section 13I of Chapter 265 of the General Laws as appearing in the 2020
215	215	179Official Edition, is hereby amended by striking out, in line 4, the words "treating or transporting
216	216	180a person". 10 of 10
217	217	181 SECTION 5. The commissioner of public health shall adopt rules and regulations within
218	218	182180 days of enactment of this act necessary to implement and enforce the purposes of section
219	219	183245 of chapter 111 of the General Laws.
220	220	184 SECTION 6. Notwithstanding any general or special law or rule or regulation to the
221	221	185contrary, within twelve months of the date of enactment, the executive office of health and
222	222	186human services shall coordinate with the executive office of public safety and security to issue a
223	223	187report and recommendations to improve data sharing, communication, and collaboration between
224	224	188health care facilities, as defined by section 51 of chapter 111 of the general laws, and public
225	225	189safety and law enforcement entities. The regulations shall include but not be limited to: allowing
226	226	190health care facilities to access reports on individuals maintained by agencies within each
227	227	191department of the executive office of health and human services, and public safety and law
228	228	192enforcement officials through a secure electronic medical record, health information exchange,
229	229	193or other similar software or information systems connected to health care facilities, for the
230	230	194purposes of improving ease of access and utilization of such data for treatment and diagnosis,
231	231	195and supporting integration of such data within a patient’s electronic health record for purposes of
232	232	196treatment of diagnosis; expansion of safe and appropriate state-operated alternative placement
233	233	197options for patients presenting in health care facilities in acute mental health or behavioral health
234	234	198crisis and for whom all reasonable clinical interventions have been unsuccessful, and other
235	235	199alternatives, such as transfer to a more secure hospital, are unavailable, and; identifying and
236	236	200establishing new pathways to enter patients into the Department of Mental Health continuing
237	237	201care system or similar treatment that do not require an arrest.