84R16216 LED-D
By: Howard, Coleman, Collier, Klick, Price H.B. No. 2696
A BILL TO BE ENTITLED
AN ACT
relating to a grant program for and a study on reducing workplace
violence against nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.001, Health and Safety Code, is
amended by adding Subdivisions (3), (4), (5), and (6) to read as
follows:
(3) "Freestanding emergency medical care facility"
means a facility licensed under Chapter 254.
(4) "Home health agency" means a home and community
support services agency licensed under Chapter 142.
(5) "Hospital" means a general or special hospital
licensed under Chapter 241, a private mental hospital licensed
under Chapter 577, or a hospital that is maintained or operated by
this state or an agency of this state.
(6) "Nursing facility" means an institution licensed
under Chapter 242.
SECTION 2. Chapter 105, Health and Safety Code, is amended
by adding Sections 105.009 and 105.010 to read as follows:
Sec. 105.009. STUDY ON WORKPLACE VIOLENCE AGAINST NURSES.
(a) To the extent funding is available, the nursing resource
section established under Section 105.002 shall conduct a study on
workplace violence against nurses in hospitals, freestanding
emergency medical care facilities, nursing facilities, and home
health agencies. The nursing resource section, in conducting the
study, shall:
(1) distinguish between verbal and physical violence;
(2) determine the practice areas, environments, and
settings in which verbal or physical violence is likely to occur;
(3) identify practices that prevent or reduce verbal
and physical violence against nurses;
(4) survey nurses regarding the type and frequency of
verbal and physical violence the nurses have experienced in the
preceding year and throughout the nurses' careers; and
(5) survey hospitals, freestanding emergency medical
care facilities, nursing facilities, and home health agencies
regarding the occurrence of verbal and physical violence against
nurses and specific strategies implemented to prevent verbal and
physical violence, including:
(A) required reporting of verbal and physical
violence;
(B) reporting of physical assaults to law
enforcement; and
(C) implementation of a violence prevention plan
and the contents of and personnel covered by the plan.
(b) The nursing resource section may contract with an
independent researcher to conduct all or part of the study.
(c) The nursing advisory committee established by Section
104.0155 shall serve as the oversight committee for the study.
(d) To the extent possible, the nursing resource section
shall cooperate with the department and the Texas Board of Nursing
to conduct the study and coordinate the surveys required by this
section with surveys required by other provisions of law.
(e) Not later than December 1, 2016, the nursing resource
section shall complete the study and publish the study findings.
(f) The nursing resource section may use money transferred
to the department from the Texas Board of Nursing under Section
301.155, Occupations Code, to conduct the surveys required by this
section.
(g) This section expires December 31, 2017.
Sec. 105.010. WORKPLACE VIOLENCE PREVENTION GRANT PROGRAM.
(a) To the extent funding is available, the nursing resource
section established under Section 105.002 shall administer a grant
program to fund innovative approaches to reducing verbal and
physical violence against nurses in hospitals, freestanding
emergency medical care facilities, nursing facilities, and home
health agencies.
(b) The nursing resource section shall require a grant
recipient to submit periodic reports describing the outcome of the
activities funded through the grant, including any change in the
severity and frequency of verbal and physical violence against
nurses.
(c) The nursing advisory committee established by Section
104.0155 shall serve in an advisory capacity for the grant program.
(d) The department shall provide administrative assistance
to the nursing resource section in administering the grant program
under this section.
(e) The executive commissioner shall adopt rules to
implement the grant program, including rules governing the
submission and approval of grant requests and establishing a
reporting procedure for grant recipients.
(f) The nursing resource section may use money transferred
to the department from the Texas Board of Nursing under Section
301.155, Occupations Code, to fund the grants authorized by this
section.
(g) At least annually, the nursing resource section shall
publish a report describing the grants awarded under this section,
including the amount of the grant, the purpose of the grant, and the
reported outcome of the approach adopted by the grant recipient.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
Sections 105.009 and 105.010, Health and Safety Code, as added by
this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.