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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 537
Sponsored by Senator PATTERSON, Representative NELSON, Senators TAYLOR, MEEK, REYNOLDS, Represen-
tative NOSSE; Senators FREDERICK, PROZANSKI, Representatives ISADORE, PHAM H (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act creates new laws for workplace violence prevention in health care settings. The
Act takes effect 91 days following sine die. (Flesch Readability Score: 72.6).
Creates workplace violence prevention requirements for certain health care entities. Requires
subject entities to compile data concerning incidents of workplace violence and submit reports to
the Department of Consumer and Business Services.
Requires certain health care employers and home care settings to take certain actions to protect
workers against risks of violence and other safety-related risks.
Requires the Oregon Health Authority to develop and administer a grant program to provide
financial assistance to eligible entities for workplace violence prevention efforts.Establishes a
timeline within which the authority must begin distributing funds to approved grant applicants.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to violence in health care settings; creating new provisions; amending ORS 441.096, 654.062,
654.182, 654.412, 654.414 and 654.416; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
WORKPLACE VIOLENCE PREVENTION FOR
HEALTH CARE EMPLOYERS
(Safety Committees)
SECTION 1. ORS 654.182 is amended to read:
654.182. (1) In carrying out ORS 654.176, the Director of the Department of Consumer and
Business Services shall adopt rules that include, but are not limited to, provisions:
(a) Prescribing the membership of the committees to ensure equal numbers of employees, who
are volunteers or are elected by their peers, and employer representatives and specifying the fre-
quency of meetings.
(b) Requiring that the membership of safety committees established at a health care
employer consists of equal representation of employees, management and employee union
representatives, if any.
[(b)] (c) Requiring employers to make adequate written records of each meeting and to file and
maintain the records subject to inspection by the director.
[(c)] (d) Requiring employers to compensate employee representatives on safety committees at
the regular hourly wage while the employees are engaged in safety committee training or are at-
tending safety committee meetings.
[(d)] (e) Prescribing the duties and functions of safety committees, which include, but are not
limitedto:
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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(A) Establishing procedures for workplace safety inspections by the committee.
(B) Establishing procedures for investigating all safety incidents, accidents, illnesses and deaths.
(C) Evaluating accident and illness prevention programs.
[(e)] (f) Prescribing guidelines for the training of safety committee members.
[(f)] (g) Prescribing alternate forms of safety committees and safety meetings to meet the special
needs of small employers, agricultural employers and employers with mobile worksites.
(h) Prescribing procedures for health care employers for investigating, collecting and
reporting on incidents of workplace violence.
(i) Requiring health care employers to permit a representative of a labor union repre-
senting employees of the health care employer to attend safety meetings of the health care
employer’s safety committee as a nonvoting member.
(2) An employer that is a member of a multiemployer group operating under a collective bar-
gaining agreement that contains provisions regulating the formation and operation of a safety com-
mittee that meets or exceeds the minimum requirements of this section and ORS 654.176 shall be
considered to have met the requirements of this section and ORS 654.176.
(3) As used in this section, “health care employer” and “workplace violence” have the
meanings given those terms in ORS 654.412.
(Workplace Violence Prevention Program)
SECTION 2. ORS 654.412 is amended to read:
654.412. As used in ORS 654.412 to 654.423:
(1) “Assault” means intentionally, knowingly or recklessly causing physical injury.
(2) “Energy generating device” means a tool that performs a surgical function using heat, laser,
electricity or other form of energy.
(3) “Health care employer” means:
(a) An ambulatory surgical center as defined in ORS 442.015.
(b) A hospital as defined in ORS [442.015] 441.760.
(c) A home health agency as defined in ORS 443.014.
(d) A home hospice program.
(4) “Home health care services” means items or services furnished to a patient by an employee
of a health care employer in a place of temporary or permanent residence used as the patient’s
home.
(5) “Home hospice program” means a coordinated program of home care, available 24
hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative
and supportive services to a patient-family unit experiencing a life threatening disease with
a limited prognosis.
[(5)] (6) “Smoke evacuation system” means equipment that effectively captures or neutralizes
surgical smoke before the smoke makes contact with the eyes or the respiratory tract of the occu-
pants of a room.
[(6)] (7) “Surgical smoke” means the by-product that results from contact with tissue by an en-
ergy generating device.
(8) “Workplace violence” includes any act or threat of physical violence, harassment,
intimidation, verbal abuse, assault, homicide or any other threatening behavior that occurs
in the workplace.
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SECTION 3. ORS 654.414 is amended to read:
654.414. (1) A health care employer, in consultation with the employer’s workplace safety
committee described in ORS 654.176, shall:
(a) Conduct periodic security and safety assessments to identify existing or potential [hazards
for assaults committed against employees] threats of workplace violence;
(b) Develop and implement [an assault] a workplace violence prevention and protection pro-
gram for employees based on assessments conducted under paragraph (a) of this subsection; and
(c) Provide [assault] workplace violence prevention and protection training on [a regular and
ongoing] an annual basis for employees, volunteers and any contracted security personnel who
work at the premises of the health care employer .
(2) An assessment conducted under subsection (1)(a) of this section shall include, but need not
be limited to:
(a) A measure of the frequency of [assaults] workplace violence, including near-miss inci-
dents of workplace violence, that are committed against employees [that occur] on the premises
of a health care employer or in the home of a patient receiving home health care services during
the preceding five years or for the years that records are available if fewer than five years of re-
cords are available; [and]
(b) An [identification] analysis of the root causes and consequences of [assaults] workplace
violence committed against employees[.] including a plan for addressing the identified causes;
and
(c) Findings on the extent to which the security considerations described in subsection
(3) of this section were implemented to mitigate risks of workplace violence.
(3) [An assault] A workplace violence prevention and protection program developed and im-
plemented by a health care employer under subsection (1)(b) of this section shall incorporate and
implement a workplace violence prevention and response plan. The plan shall:
(a) Be based on an assessment conducted under subsection (1)(a) of this section. [and shall]
(b) Address security considerations related to the following:
[(a)] (A) Physical attributes of the health care setting;
[(b)] (B) Staffing plans, including security staffing;
[(c)] (C) Personnel policies;
[(d)] (D) First aid and emergency procedures;
[(e)] (E) Procedures for reporting [assaults] incidents of workplace violence; and
[(f)] (F) Education and training for employees.
(c) Include policies and procedures for:
(A) Conducting internal investigations of incidents of workplace violence that occur on
the premises of the health care employer.
(B) Identifying employees involved in a workplace violence incident.
(C) Conducting post-incident employee interviews for the purpose of gathering factual
details about an incident of workplace violence.
(D) Implementing post-incident response strategies that address the provision of:
(i) First-aid or medical care to employees who have been injured in a workplace violence
incident; and
(ii) Trauma counseling for employees affected by an incident of workplace violence.
(4)(a) [Assault] Workplace violence prevention and protection training required under sub-
section (1)(c) of this section shall address the following topics:
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(A) General safety and personal safety procedures, including emergency response guidelines
that may be used to notify employees of a threat or occurrence of workplace violence ;
(B) The meaning of workplace violence;
[(B)] (C) Escalation cycles for assaultive behaviors and other violent or threatening behav-
iors;
[(C)] (D) [Factors that predict assaultive behaviors] Predictive factors of workplace violence;
[(D)] (E) Techniques for obtaining medical history from a patient with assaultive or other
threatening or violent behavior;
[(E)](F) Verbal and physical techniques to de-escalate and minimize assaultive behaviors and
threats of workplace violence;
[(F)] (G) Strategies for avoiding physical harm and minimizing use of restraints;
[(G)] (H) Restraint techniques consistent with regulatory requirements;
[(H)] (I) Self-defense, including:
(i) The amount of physical force that is reasonably necessary to protect the employee or a third
person from assault; and
(ii) The use of least restrictive procedures necessary under the circumstances, in accordance
with an approved behavior management plan, and any other methods of response approved by the
health care employer;
[(I)](J) Procedures for documenting and reporting incidents involving assaultive behaviors and
incidents of workplace violence;
[(J)] (K) Programs for post-incident counseling and follow-up;
[(K)] (L) Resources available to employees for coping with assaults; [and]
[(L)] (M) The health care employer’s workplace [assault] violence prevention and protection
program[.], including the health care employer’s internal investigation process for investigat-
ing incidents of workplace violence; and
(N) Visual cues and other methods that may be used to identify or notify employees
about individuals exhibiting behavioral indicators of workplace violence.
(b) A health care employer shall provide [assault] workplace violence prevention and protection
trainingto:
(A) A new employee, other than a temporary employee, within 90 days of the employee’s in-
itial hiring date.
(B) A temporary employee, before the employee’s start date.
(c) A health care employer may use classes, video recordings, brochures, verbal or written
training or other training that the employer determines to be appropriate, based on an employee’s
job duties, under the [assault] workplace violence prevention and protection program developed by
the employer.
(5) [At least once every two years] Once a year, a health care employer shall establish, in coor-
dination with the health care employer’s workplace safety committee as described in ORS 654.176,
a process by which the committee shall review the health care employer’s [assault] workplace vi-
olence prevention and protection program developed and implemented under subsection (1)(b) of this
section in order to evaluate the efficacy of the program and consider any changes to the program
that are necessary to promote the prevention of workplace violence .
(6)(a) A health care employer shall provide to each employee and, if applicable, to the
employee’s union representative, a written copy of the workplace violence prevention and
response plan described under subsection (3) of this section, including a written statement
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explaining that an employee who reports an incident of workplace violence has a right to be
protected from retaliation.
(b) For newly hired employees, the health care employer shall provide the copy of the
plan and the accompanying statement within 30 calendar days from the date of hire.
(Reporting)
SECTION 4. Sections 5, 6, 7 and 8 of this 2025 Act are added to and made a part of ORS
654.412 to 654.423.
SECTION 5.(1) Each year, a health care employer shall compile the following data, dis-
aggregated by workplace violence incidents involving assaults, near-miss incidents and verbal
abuse, whenever possible:
(a) Information regarding each incident of workplace violence, including:
(A) The date, time and location where the workplace violence incident occurred.
(B) The nature and extent of injuries to employees, if any.
(C) The existence of any previously identified environmental or patient risk factors that
were contributing factors in the workplace violence incident.
(D) A description of the person responsible for committing the act of workplace violence
and nature of the relationship with the employee against whom the workplace violence was
committed, excluding any personally identifiable information of the person.
(b) Information regarding actions taken to prevent and respond to threats of workplace
violence, including:
(A) A description of the mitigation and de-escalation methods used with respect to a
threat of workplace violence.
(B) A description of any post-incident responses and investigation methods that were
implemented following an incident of workplace violence.
(c) The percentage of the health care employer’s workforce that attended the workforce
violence prevention and protection training described under ORS 654.414 for the current year.
(2) Not later than February 1 of each year, a health care employer shall prepare and
submit a report to the Department of Consumer and Business Services. The report shall in-
clude the data compiled under subsection (1) of this section and any information included in
a report made available under ORS 654.416 (3) for the calendar year immediately preceding
the date of the report required under this section.
(3) The Director of the Department of Consumer and Business Services shall adopt by
rule a common recording form for the purposes of compiling and reporting data required
under this section.
SECTION 6. Not later than December 31 of each year, the Department of Consumer and
Business Services shall prepare and submit a consolidated report of the reports received
from health care employers under section 5 of this 2025 Act. The department shall submit
the report, in the manner provided in ORS 192.245, including recommendations for legis-
lation, if any, to the interim committees of the Legislative Assembly related to business and
labor.
SECTION 7.(1) Every four years, the Department of Consumer and Business Services
shall commission a study of the impact of workplace violence on employees of health care
employers in this state. The study must review incidents of workplace violence occurring on
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the premises of a health care employer during the previous four-year period and include an
analysis of:
(a) The location where each workplace violence incident occurred.
(b) The nature of the incident.
(c) The nature and severity of any employee injuries stemming from the workplace vi-
olenceincident.
(d) The job titles of any employees who were injured as a result of workplace violence.
(e) Any increases or decreases in the number of incidents of workplace violence since the
previous study conducted under this section.
(2) The department shall report to the Legislative Assembly, in the manner provided in
ORS 192.245, once every four years on the outcomes of the study.
SECTION 8. The Department of Consumer and Business Services shall commission the
first study required under section 7 of this 2025 Act by September 15, 2029.
(Grant Program)
SECTION 9. The Health Care Facility Workplace Violence Prevention Efforts Fund is
established in the State Treasury, separate and distinct from the General Fund. The fund
shall consist of moneys credited to the fund, including moneys appropriated, allocated, de-
posited or transferred to the fund by the Legislative Assembly or otherwise. Interest earned
by the Health Care Facility Workplace Violence Prevention Efforts Fund shall be credited to
the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority
to carry out the provisions of section 10 of this 2025 Act.
SECTION 10.(1) As used in this section:
(a) “Access security measures” means a system that enhances security at entrance and
access points within a hospital, including, but not limited to:
(A) Metal detector screenings.
(B) Weapons detection systems.
(C) Trained screening staff.
(b) “Home health agency” has the meaning given that term in ORS 443.014.
(c) “Home hospice program” has the meaning given that term in ORS 654.412.
(d) “Hospital” has the meaning given that term in ORS 441.760.
(e) “Safety committee” means a safety committee described under ORS 654.176.
(f) “Workplace violence” includes any act or threat of physical violence, harassment, in-
timidation, verbal abuse, assault, homicide or any other threatening behavior that occurs in
the workplace.
(g) “Workplace violence prevention efforts” includes, but is not limited to:
(A) Providing workplace violence prevention and protection training required under ORS
654.414 (1).
(B) Implementing access security measures.
(2)(a) The Oregon Health Authority shall develop and administer a program for awarding
grants to eligible home health agencies, home hospice programs and hospitals to help fund
workplace violence prevention efforts and any workforce, construction and equipment costs
that are necessary to implement the workplace violence prevention efforts.
(b) To be eligible for a grant under this section, a home health agency, home hospice
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program or a hospital must demonstrate to the authority’s satisfaction that the home health
agency, home hospice program or the hospital has secured approval from the entity’s safety
committee of the workplace violence prevention efforts for which the entity is seeking grant
funding.
(3) The authority shall adopt rules to carry out the provisions of this section, including
rules governing the form and process by which home health agencies, home hospice pro-
grams and hospitals may apply for and be awarded grants under the program. At a mini-
mum, the rules must:
(a) Include a methodology for reviewing and accepting grant applications;
(b) Establish grant application periods that enable the authority to distribute grant funds
in accordance with the grant distribution requirements established under section 11 of this
2025 Act; and
(c) Require applicants to include in a grant application information that demonstrates
that the applicant received approval from the safety committee of the workplace violence
prevention efforts for which the applicant is seeking grant funding.
(4) In reviewing grant applications for hospitals, the authority shall give priority to ap-
plications received from:
(a) Critical access hospitals as defined by the authority by rule; and
(b) Type A or type B rural hospitals as described in ORS 442.470.
SECTION 11. The Oregon Health Authority shall begin distributing the funds specifically
appropriated to the authority under section 9 of this 2025 Act to approved grant applicants
at the conclusion of a grant application period established under section 10 of this 2025 Act,
but not later than 90 days after the operative date specified in section 23 of this 2025 Act.
SECTION 12.In addition to and not in lieu of any other appropriation, there is appro-
priated to the Oregon Health Authority, for the biennium beginning July 1, 2025, out of the
General Fund, the amount of $ for the purpose of carrying out the provisions of
section 10 of this 2025 Act.
SECTION 13.(1) Section 10 of this 2025 Act is repealed on January 2, 2030.
(2) On the date of the repeal of section 10 of this 2025 Act by subsection (1) of this sec-
tion, any moneys in the Health Care Facility Workplace Violence Prevention Efforts Fund
established under section 9 of this 2025 Act that are unexpended, unobligated and not subject
to any conditions shall revert to the General Fund.
(Conforming Amendments)
SECTION 14. ORS 654.062 is amended to read:
654.062. (1) Every employee should notify the employer of any violation of law, regulation or
standard pertaining to safety and health in the place of employment when the violation comes to the
knowledge of the employee.
(2) However, any employee or representative of the employee may complain to the Director of
the Department of Consumer and Business Services or any authorized representatives of the director
of any violation of law, regulation or standard pertaining to safety and health in the place of em-
ployment, whether or not the employee also notifies the employer.
(3) Upon receiving any employee complaint, the director shall make inquiries, inspections and
investigations that the director considers reasonable and appropriate. When an employee or repre-
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sentative of the employee has complained in writing of an alleged violation and no resulting citation
is issued to the employer, the director shall furnish to the employee or representative of the em-
ployee, upon written request, a statement of reasons for the decision.
(4) The director shall establish procedures for keeping confidential the identity of any employee
who requests protection in writing. When a request has been made, neither a written complaint from
an employee, or representative of the employee, nor a memorandum containing the identity of a
complainant may be disclosed under ORS 192.311 to 192.478.
(5) It is an unlawful employment practice for any person to bar or discharge from employment
or otherwise discriminate against any employee or prospective employee because the employee or
prospective employee has:
(a) Opposed any practice forbidden by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to
654.780;
(b) Made any complaint or instituted or caused to be instituted any proceeding under or related
to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, or has testified or is about to
testify in any such proceeding;
(c) Exercised on behalf of the employee, prospective employee or others any right afforded by
ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780;
(d) In good faith reported an assault or other incident of workplace violence that occurred
on the premises of a health care employer as defined in ORS 654.412 or in the home of a patient
receiving home health care services; or
(e) With no reasonable alternative and in good faith, refused to expose the employee or pro-
spective employee to serious injury or death arising from a hazardous condition at a place of em-
ployment.
(6)(a) Any employee or prospective employee alleging to have been barred or discharged from
employment or otherwise discriminated against in compensation, or in terms, conditions or privileges
of employment, in violation of subsection (5) of this section may, within one year after the employee
or prospective employee has reasonable cause to believe that the violation has occurred, file a
complaint with the Commissioner of the Bureau of Labor and Industries alleging discrimination un-
der the provisions of ORS 659A.820. Upon receipt of the complaint the commissioner shall process
the complaint under the procedures, policies and remedies established by ORS chapter 659A and the
policies established by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 in the same
way and to the same extent that the complaint would be processed if the complaint involved
allegations of unlawful employment practices under ORS 659A.030 (1)(f).
(b) Within 90 days after receipt of a complaint filed under this subsection, the commissioner
shall notify the complainant of the commissioner’s determination.
(c) The affected employee or prospective employee may bring a civil action in any circuit court
of the State of Oregon against any person alleged to have violated subsection (5) of this section. The
civil action must be commenced within one year after the employee or prospective employee has
reasonable cause to believe a violation has occurred, unless a complaint has been timely filed under
ORS 659A.820.
(d) The commissioner or the circuit court may order all appropriate relief including rehiring or
reinstatement to the employee’s former position with back pay.
(7)(a) In any action brought under subsection (6) of this section, there is a rebuttable
presumption that a violation of subsection (5) of this section has occurred if a person bars or dis-
charges an employee or prospective employee from employment or otherwise discriminates against
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an employee or prospective employee within 60 days after the employee or prospective employee has
engaged in any of the protected activities described in subsection (5)(a) to (e) of this section. The
person may rebut the presumption that a violation of subsection (5) of this section has occurred by
a demonstration of a preponderance of the evidence.
(b) If a person bars or discharges an employee or prospective employee from employment or
otherwise discriminates against the employee or prospective employee more than 60 days after the
employee or prospective employee has engaged in any of the protected activities described under
subsection (5)(a) to (e) of this section, such action does not create a presumption in favor of or
against finding that a violation of subsection (5) of this section has occurred. Where such action has
occurred more than 60 days after the protected activity, this subsection does not modify any existing
rule of case law relating to the proximity of time between a protected activity and an adverse em-
ployment action. The burden of proof shall be on the employee or prospective employee to demon-
strate by a preponderance of the evidence that a violation occurred.
(8) The director shall adopt rules necessary for the administration of subsection (5)(e) of this
section that are in accordance with the federal Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
SECTION 15. ORS 654.416 is amended to read:
654.416. (1) A health care employer shall maintain a record of assaults committed against em-
ployees that occur on the premises of the health care employer or in the home of a patient receiving
home health care services. The record shall include, but need not be limited to, the following:
(a) The name and address of the premises on which each assault occurred;
(b) The date, time and specific location where the assault occurred;
(c) The name, job title and department or ward assignment of the employee who was assaulted;
(d) A description of the person who committed the assault as a patient, visitor, employee or
othercategory;
(e) A description of the assaultive behavior as:
(A) An assault with mild soreness, surface abrasions, scratches or small bruises;
(B) An assault with major soreness, cuts or large bruises;
(C) An assault with severe lacerations, a bone fracture or a head injury; or
(D) An assault with loss of limb or death;
(f) An identification of the physical injury;
(g) A description of any weapon used;
(h) The number of employees, including nursing staff as defined in ORS 441.179, in the immediate
area of the assault when it occurred; and
(i) A description of actions taken by the employees and the health care employer in response
to the assault.
(2) A health care employer shall maintain the record of assaults described in subsection (1) of
this section for no fewer than five years following a reported assault.
(3)(a) Upon the request of an employee or of a workplace safety committee conducting a review
pursuant to ORS 654.414, the health care employer shall generate and make available to the re-
questing party a report summarizing:
(A) The information in the record required under subsection (1) of this section; and
(B) Information regarding work-related injuries and illnesses recorded by the health care em-
ployer to comply with applicable federal health and safety recordkeeping requirements.
(b) A report made available under this subsection:
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(A) May not include any personally identifiable information; and
(B) May be used only for the purposes of conducting a review of the [assault] workplace vi-
olence prevention and protection program under ORS 654.414 or for other purposes that are related
to improving the program.
(4) The Director of the Department of Consumer and Business Services shall adopt by rule a
common recording form for the purposes of this section.
SAFETY REQUIREMENTS FOR HEALTH CARE SETTINGS
(Signage)
SECTION 16. Section 17 of this 2025 Act is added to and made a part of ORS chapter 654.
SECTION 17.(1)(a) Every employer that is a health care facility shall post signage that
informs the public of the circumstances under which causing physical injury to another
person constitutes a crime under ORS 163.165 to cause physical injury to another person.
(b) Each health care facility shall post the signage within 15 feet of all public entrances
in areas that are clearly visible to the public.
(c) Each health care facility shall post the signage in English, and may additionally post
the signage in other languages based on the most commonly spoken languages in the county
where the health care facility is located.
(d) The Director of the Department of Consumer and Business Services shall make
available to health care facilities model signage that meets the requirements of this sub-
section. The model signage must be made available in at least the five languages that are
most commonly spoken in this state.
(2)(a) In addition to the signage required under subsection (1) of this section, every em-
ployer that is a health care facility shall post signage that:
(A) Informs employees of the rights and protections provided under ORS 654.062 (5)(d);
and
(B) Explains that victims of an assault may contact law enforcement by calling 9-1-1 or
another identified law enforcement telephone number.
(b) The health care facility shall post the signage in a conspicuous and accessible location
where the health care facility typically notifies employees of their workplace rights.
(c) The health care facility shall post the signage in English and Spanish, and may addi-
tionally post the signage in other languages based on the most commonly spoken languages
in the county where the health care facility is located.
(d) The Commissioner of the Bureau of Labor and Industries shall make available model
language, in English and Spanish, that may be used by health care facilities for purposes of
complying with the signage requirements under this subsection.
(3) As used in this section, “health care facility” has the meaning given that term in ORS
442.015.
(IdentificationBadges)
SECTION 18. ORS 441.096 is amended to read:
441.096. (1) Except as provided in subsection (2)(b) of this section, a health care practitioner
working at a health care facility and providing direct care to a patient shall wear an identification
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badge indicating the practitioner’s name and professional title.
(2)(a) A health care facility shall develop policies that specify the size and content of the iden-
tification badge required by subsection (1) of this section.
(b) Except where applicable federal law or rules and regulations require otherwise, no
person working in a hospital, a home health agency or a hospice program shall be required
to wear an identification badge that includes the worker’s last name unless the worker spe-
cifically requests that the badge include the worker’s last name.
(3) As used in this section[,]:
(a) “Health care facility” means:
(A) A health care facility as defined in ORS 442.015 [or], except for a hospital.
(B) A mental health facility, alcohol treatment facility or drug treatment facility licensed or
operated under ORS chapter 426 or 430.
(b) “Home health agency” has the meaning given that term in ORS 443.014.
(c) “Home hospice program” has the meaning given that term in ORS 654.412.
(d) “Hospital” has the meaning given that term in ORS 441.760.
(Flagging Systems)
SECTION 19. (1) As used in this section:
(a) “Authorized staff” means the staff of a covered entity who are responsible for creat-
ing and tracking electronic health record flags.
(b) “Covered entity” means:
(A) A hospital as defined in ORS 441.760.
(B) A home health agency as defined in ORS 443.014.
(C) A home hospice program as defined in ORS 654.412.
(c) “Disruptive behavior” includes physically aggressive, abusive or destructive behavior.
(d) “Electronic health record” has the meaning given that term in ORS 413.300.
(e) “Electronic health record flag” means an alert generated within the electronic health
record of a patient that notifies providers that a patient may pose a potential safety risk to
themselves or to others due to the patient’s history of violent or disruptive behavior.
(f) “Flagging system” means a system used to identify, communicate, monitor and man-
age potential threats of violence or disruptive behavior by patients or other individuals who
may encounter health care providers and staff.
(g) “Health care provider” or “provider” has the meaning given those terms in ORS
413.300.
(h) “Visual flags” means paper-based physical cues, including wristbands, signage, color-
coded indicators, symbols and other visible cues built within the care environment to facili-
tate immediate recognition of potential threats of violence or disruptive behavior without
having to access an electronic health record.
(2) A covered entity shall implement flagging systems with the capabilities and functions
to communicate potential threats of violence or disruptive behavior to providers and staff
of the covered entity using electronic health record flags and visual flags.
(3) Each covered entity shall establish protocols and procedures regarding implementa-
tion of the following flagging systems:
(a) For electronic health record flags, the protocols and procedures must address, at a
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minimum:
(A) Designating authorized staff to initiate an electronic health record flag.
(B) Training and education requirements for persons authorized to initiate an electronic
health record flag.
(C) Provider and staff responsibilities when an electronic health record flag is present.
(D) Evaluating and identifying potential threats of violence or disruptive behavior.
(E) Consistent practices for assigning, tracking, monitoring and documenting information
in the electronic health record flag.
(F) Reviewing and updating electronic health record flags, as necessary, for purposes of
determining whether to remove or maintain a the flag.
(G) Communication and collaboration about flagged conduct or behaviors recorded in an
electronic health record flag.
(H) Safety protocols and precautions for engaging with patients with an electronic health
record flag.
(I) Patient privacy in relation to worker safety, including compliance with patient privacy
requirements under the federal Health Insurance Portability and Accountability Act privacy
regulations, 45 C.F.R. parts 160 and 164 when communicating information through the elec-
tronic health record regarding an electronic health record flag.
(b) For visual flags, the protocols and procedures must address, at a minimum, education
and training for authorized staff of a covered entity on:
(A) Identifying circumstances and assessing behaviors and actions of patients and other
individuals that may increase risk for potential violence or disruptive behavior;
(B) Consistent approaches to initiating a visual flag; and
(C) Safety protocols and precautions to take when encountering patients or other indi-
viduals when a visual flag is present.
(4) Providers and staff of a covered entity may not take any of the following actions
based solely on the presence of an electronic health record flag:
(a) Deny admission to a program or service provided by the covered entity to which the
patient would otherwise be eligible;
(b) Make decisions regarding the patient’s access to care.
(c) Prevent or restrict the right of the patient to file a complaint with the appropriate
federal or state agency concerning the patient’s right to privacy.
(d) Deny or restrict the patient’s right to access or obtain the patient’s protected health
information.
(e) Contact, report or disclose information to law enforcement.
(f) Deny, restrict or withhold medical or nonmedical care that is appropriate for the pa-
tient.
(g) Punish or penalize the patient.
WORKER SAFETY IN HOME HEALTH CARE SETTINGS
(Client Intake Requirements)
SECTION 20. (1) As used in this section and section 21 of this 2025 Act:
(a) “Client” means a person who receives home health care services.
(b) “Client intake” means the process of gathering information from new clients to fa-
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cilitate the provision of home health care services.
(c) “Home health care services entity” means any of the following entities that provide
for the delivery of home health care services in a home health care setting:
(A) A home health agency as defined in ORS 443.014.
(B) A home hospice program as defined in ORS 654.412.
(d) “Home health care services” means items and services furnished to an individual by
a home health care services entity, or by others under arrangements with such provider, on
a visiting basis, in a place of temporary or permanent residence used as the individual’s
home for the purpose of maintaining that individual at home.
(e) “Home health care setting” means a place of temporary or permanent residence of
an individual where home health care services are furnished to the individual.
(f) “Home health care staff” means individuals who provide home health care services.
(g) “Household individual” means an individual, other than a client receiving home health
care services, who is present or reasonably anticipated to be present in the home health care
setting within a specified time.
(2) As part of any client intake process, a home health care services entity shall:
(a) Collect information necessary to identify and assess potential safety-related risks,
including workplace violence as defined in ORS 654.412, that home health care staff may en-
counter while providing home health care services in home health care settings; and
(b) Provide such information, to the extent known by the home health care services
provider, to each home health care staff who will be responsible for providing the home
health care services.
(3) Information collected by a home health care services provider under subsection (1)
of this section shall include, as applicable:
(a) Information regarding a client’s:
(A) Behavioral, mental health and psychiatric history.
(B) History of violent or aggressive behavior.
(C) History of substance use.
(D) History of violence or domestic abuse;
(E) Current infections, including any medications or treatments administered for the in-
fection.
(F) Current medical condition, including whether any symptoms or diagnoses have ad-
vanced or stabilized over time.
(b) Information regarding a household individual’s:
(A) Name and relationship to the client.
(B) Psychiatric history.
(C) History of violence or domestic abuse.
(D) Criminal record.
(E) History of substance use.
(c) Information regarding the physical environment of the home health care setting, in-
cluding:
(A) The location of the home health care setting.
(B) The presence of hazardous materials such as used needles and syringes.
(C) The presence of firearms or other weapons.
(D) The working status of any installed fire alarm systems.
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(E) Potential health, safety and electrical hazards.
(Training)
SECTION 21. (1) To support the safety of home health care staff while working in a home
health care setting, each home health care services entity shall:
(a) Provide training to home health care staff that:
(A) Includes, but is not limited to, training on recognizing hazards that are commonly
encountered by home health care staff in home health care settings and protocols for man-
aging such hazards.
(B) Is consistent with training for home health care workers that is endorsed by the
National Institute for Occupational Safety and Health and the Occupational Safety and
HealthAdministration.
(b) Conduct monthly safety assessments with home health care staff who have been as-
signed to provide home health care services in a home health care setting.
(c) Provide home health care staff with identifying information, including photographs,
that may be used to verify the identity of a client before an initial visit to a home health care
setting.
(d) Provide mechanisms by which home health care staff can perform safety checks, in-
cluding but not limited to, the use of a mobile application to access the relevant safety-
related information collected by the home health care services entity under section 20 of this
2025Act.
(e) Equip home health care staff with an emergency alert device to be worn by the staff
while providing home health care services in a home health care setting.
(f) Establish and implement policies and procedures that allow for home health care staff
to:
(A) Perform data entry and chart updates at a time and place outside of the home health
caresetting.
(B) Be accompanied by an escort to a home health care setting when there are concerns
about safety or security with respect to the home health care setting.
(2) As used in this section, an “emergency alert device” means a wearable safety device
that has the capabilities to:
(a) Track, in real time, the user’s location using a global positioning system;
(b) Send distress signals to emergency responders with the press of a button; and
(c) Provide direct connection to emergency services for purposes of requesting immediate
assistance in the event of an emergency.
CAPTIONS
SECTION 22. The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
OPERATIVE DATE
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SECTION 23. (1) Sections 5 to 11, 17 and 19 to 21 of this 2025 Act and the amendments
to ORS 441.096, 654.062, 654.182, 654.412, 654.414 and 654.416 by sections 1, 2, 3, 14, 15 and 18
of this 2025 Act become operative on January 1, 2026.
(2) The Bureau of Labor and Industries, the Department of Consumer and Business
Services and the Oregon Health Authority may take any action before the operative date
specified in subsection (1) of this section that is necessary to enable the bureau, the de-
partment and the authority to exercise, on and after the operative date specified in sub-
section (1) of this section, all of the duties, functions and powers conferred on the bureau,
the department and the authority by sections 6, 7, 10, 11 and 17 of this 2025 Act and the
amendments to ORS 654.182 by section 1 of this 2025 Act.
EFFECTIVE DATE
SECTION 24.This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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