84R5087 CJC-F
By: Dutton H.B. No. 4110
A BILL TO BE ENTITLED
AN ACT
relating to implementation of a workplace violence prevention plan
in certain hospitals; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 311, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. WORKPLACE VIOLENCE PREVENTION PLAN
Sec. 311.101. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Hospital" means:
(A) a general hospital or special hospital
licensed under Chapter 241 or exempt from licensure under Section
241.004(3); or
(B) a private mental hospital licensed under
Chapter 577.
Sec. 311.102. WORKPLACE VIOLENCE PREVENTION PLAN. (a) The
executive commissioner by rule shall establish policies and
procedures to require each hospital to develop and implement a
workplace violence prevention plan to protect health care providers
and hospital employees from violent behavior occurring at the
hospital.
(b) In establishing the policies and procedures required
under Subsection (a), the executive commissioner shall:
(1) adopt a definition of "workplace violence" that
must include:
(A) an act of physical force by a hospital
patient or a person accompanying the patient against a health care
provider or hospital employee that results in, or is likely to
result in, physical injury, psychological trauma, or stress,
regardless of whether the health care provider or hospital employee
sustains an actual injury; and
(B) an incident involving the use of a firearm or
other dangerous weapon, regardless of whether a health care
provider or hospital employee is injured by the weapon;
(2) prescribe minimum standards for a hospital
workplace violence prevention plan that must:
(A) require that a hospital's health care
providers, permanent employees, and, if applicable, temporary
employees, who provide direct patient care receive the training
described by Subsection (c)(1) at least annually;
(B) prescribe a system for responding to and
investigating violent incidents or potentially violent incidents
at a hospital;
(C) address factors that may increase or decrease
incidents of workplace violence at a hospital, including:
(i) the hospital's staffing plans and
patient classification systems;
(ii) the hospital's security or emergency
response system, including the alarm system, an alert system, and
the availability of security personnel;
(iii) security risks associated with public
access to specific areas of the hospital and the area surrounding
the hospital; and
(iv) security concerns associated with
particular types of hospital employment, equipment, and
facilities; and
(D) require a hospital to solicit input from
health care providers, hospital employees, and, if applicable, the
provider's and employee's collective bargaining agents, when
developing and implementing a workplace violence prevention plan;
and
(3) establish criteria to ensure that a workplace
violence prevention plan developed by a hospital is suitable given
the hospital's needs and resources.
(c) The department shall:
(1) develop a workplace violence prevention training
program designed to educate health care providers and hospital
employees about the following topics:
(A) recognizing the potential for violence;
(B) appropriately responding to violent
incidents;
(C) seeking assistance to prevent or to respond
to a violent incident;
(D) reporting violent incidents to appropriate
law enforcement authorities; and
(E) identifying the resources that are available
to health care providers and hospital employees subjected to a
violent incident, including critical incident stress debriefing
and other employee assistance programs; and
(2) require each hospital to electronically submit the
hospital's workplace violence prevention plan to the department
each year for review to ensure the plan remains effective and
appropriate for that hospital.
Sec. 311.103. ADOPTION AND IMPLEMENTATION OF PLAN BY
HOSPITAL. The governing body of a hospital shall:
(1) adopt and implement a workplace violence
prevention plan that meets the minimum standards prescribed by
Section 311.102;
(2) electronically submit the plan to the department
each year for review by the department; and
(3) if applicable, make changes requested by the
department in response to the department's review of the plan.
Sec. 311.104. DEPARTMENT REVIEW. (a) The department shall
review each hospital's workplace violence prevention plan
submitted once a year under Section 311.103 to ensure the plan
remains effective and appropriate for that hospital.
(b) The department may require that a hospital amend a
provision of the hospital's workplace violence prevention plan if
the department determines that the plan does not meet the minimum
requirements prescribed by Section 311.102 or is no longer
effective and appropriate for that hospital.
Sec. 311.105. POSTING REQUIREMENT. (a) The governing body
of a hospital shall require notice to be posted in a conspicuous
place in each unit or area of the hospital for view by the staff that
summarizes the hospital's workplace violence prevention plan.
(b) The executive commissioner by rule shall prescribe the
form of the notice required by this section.
Sec. 311.106. RECORDS OF VIOLENT INCIDENTS; REPORTING
REQUIREMENT. (a) A hospital shall:
(1) retain, for a period of at least five years, a
written record of each incident of workplace violence that occurs
in or near the hospital and that is reported to the governing body
of the hospital, regardless of whether a health care provider or
hospital employee sustains an actual injury resulting from the
violent incident; and
(2) report an incident described by Subdivision (1) to
the department:
(A) within 24 hours, if the incident involves the
use of a firearm or other dangerous weapon or presents an urgent
threat to the health, safety, or welfare of hospital personnel; or
(B) within 72 hours, for all other incidents.
(b) Not later than January 31 of each year, the department
shall prepare a summary report relating to incidents of workplace
violence at hospitals and post that report on the department's
Internet website. The department shall ensure that the report does
not contain personally identifiable information of any individual.
The summary report must include:
(1) the total number of reports of incidents of
workplace violence at hospitals the department received under
Subsection (a)(2) during the preceding year;
(2) the identity of each hospital that submitted a
report described by Subdivision (1);
(3) a description of the outcome of any inspection or
investigation related to a report described by Subdivision (1);
(4) whether the department identified any violations
of law or department rules during the inspection or investigation
or imposed a sanction as a result of the inspection or violation;
and
(5) any recommendations the department may have to
prevent future incidents of workplace violence at hospitals.
Sec. 311.107. ADMINISTRATIVE PENALTY. The commissioner of
state health services may assess an administrative penalty as
provided by Section 241.059 against a hospital, including a private
mental hospital licensed under Chapter 577, that violates this
subchapter.
Sec. 311.108. ASSISTANCE OF TEXAS WORKFORCE COMMISSION.
The department may request the assistance of the Texas Workforce
Commission in performing a duty under this subchapter. The
commission shall provide the requested assistance.
Sec. 311.109. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SECTION 2. (a) Not later than December 1, 2015, the
executive commissioner of the Health and Human Services Commission
shall adopt rules and minimum standards for a hospital workplace
violence prevention plan as required by Subchapter G, Chapter 311,
Health and Safety Code, as added by this Act.
(b) Not later than March 1, 2016, a hospital shall adopt and
implement a workplace violence prevention plan developed by the
hospital in accordance with the rules and minimum standards adopted
by the executive commissioner of the Health and Human Services
Commission and submit the plan to the Department of State Health
Services for review as required by Section 311.103, Health and
Safety Code, as added by this Act.
(c) In each year after 2016, a hospital shall submit the
hospital's workplace violence prevention plan to the Department of
State Health Services for review, as required by Section 311.103,
Health and Safety Code, as added by this Act, on January 1. If the
department notifies a hospital that the hospital's plan must be
amended, the hospital must submit the amended plan to the
department not later than May 1.
SECTION 3. This Act takes effect September 1, 2015.