H.B. No. 2696
AN ACT
relating to 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 Section 105.009 to read as follows:
Sec. 105.009. STUDY ON WORKPLACE VIOLENCE AGAINST NURSES.
(a) To the extent existing funding is available, the nursing
resource section established under Section 105.002 may conduct a
study on workplace violence against nurses in hospitals,
freestanding emergency medical care facilities, nursing
facilities, and home health agencies. A study conducted under this
section must:
(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 under this section
with surveys required by other provisions of law.
(e) If the nursing resource section conducts a study under
this section, not later than December 1, 2016, the nursing resource
section shall complete the study and publish the study findings.
(f) This section expires December 31, 2017.
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
Section 105.009, 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2696 was passed by the House on May
11, 2015, by the following vote: Yeas 112, Nays 22, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2696 on May 28, 2015, by the following vote: Yeas 135, Nays 6,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2696 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor