Texas 2019 - 86th Regular

Texas House Bill HB1146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R26683 SCL-F
2		-	By: Howard, Thompson of Harris, Klick, H.B. No. 1146
3		-	Zerwas
4		-	Substitute the following for H.B. No. 1146:
5		-	By: Thompson of Harris C.S.H.B. No. 1146
	1	+	86R6758 SCL-F
	2	+	By: Howard H.B. No. 1146
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to workplace violence prevention in certain health care
11	8		facilities.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Title 4, Health and Safety Code, is amended by
14	11		adding Subtitle H to read as follows:
15	12		SUBTITLE H. EMPLOYEES OF HEALTH CARE FACILITIES
16	13		CHAPTER 331. WORKPLACE VIOLENCE PREVENTION
17	14		Sec. 331.0001. DEFINITIONS. In this chapter:
18	15		(1) "Commission" means the Health and Human Services
19	16		Commission.
20	17		(2) "Committee" means the workplace violence
21		-	prevention committee or other committee responsible for developing
22		-	and implementing a facility's workplace violence prevention plan
23		-	under Section 331.0002.
24		-	(3) "Facility" means:
	18	+	prevention committee or other safety committee responsible for
	19	+	developing and implementing a facility's workplace violence
	20	+	prevention plan under Section 331.0002.
	21	+	(3) "Executive commissioner" means the executive
	22	+	commissioner of the Health and Human Services Commission.
	23	+	(4) "Facility" means:
25	24		(A) a home and community support services agency
26		-	licensed or licensed and certified under Chapter 142 to provide
27		-	home health services as defined by Section 142.001, and that
28		-	employs at least two registered nurses;
29		-	(B) a health care provider that:
30		-	(i) is certified by the commission to
31		-	provide services through the home and community-based services or
32		-	Texas home living Medicaid waiver programs; and
33		-	(ii) employs at least two registered
34		-	nurses;
35		-	(C) a hospital licensed under Chapter 241,
	25	+	licensed under Chapter 142;
	26	+	(B) a hospital licensed under Chapter 241,
36	27		including a hospital maintained or operated by this state;
37		-	(D) a nursing facility licensed under Chapter ~~242~~
38		-	~~that employs at least two registered nurses~~;
39		-	(E) an ambulatory surgical center licensed under
	28	+	(C) a nursing facility licensed under Chapter
	29	+	242;
	30	+	(D) an ambulatory surgical center licensed under
40	31		Chapter 243;
41		-	(F) a freestanding emergency medical care
	32	+	(E) a freestanding emergency medical care
42	33		facility as defined by Section 254.001; and
43		-	(G) a mental hospital licensed under Chapter 577.
	34	+	(F) a mental hospital licensed under Chapter 577.
44	35		Sec. 331.0002. WORKPLACE VIOLENCE PREVENTION COMMITTEE.
45	36		(a) Each facility shall establish a workplace violence prevention
46		-	committee or authorize an existing committee to develop and
	37	+	committee or authorize an existing safety committee to develop and
47	38		implement the workplace violence prevention plan required under
48	39		Section 331.0004.
49		-	(b) A committee must include at least:
50		-	(1) one registered nurse who provides direct care to
51		-	patients of the facility; and
52		-	(2) one employee of the facility who provides security
53		-	services for the facility if the facility employs security
54		-	personnel and if practicable.
	40	+	(b) A committee must include at least one registered nurse
	41	+	who provides direct care to patients of the facility and, if
	42	+	practicable, one employee of the facility who provides security
	43	+	services for the facility.
55	44		(c) A health care system that owns or operates more than one
56	45		facility may establish a single committee for all of the system's
57	46		facilities if:
58	47		(1) the committee develops a violence prevention plan
59	48		for implementation at each facility in the system; and
60	49		(2) data related to violence prevention remains
61	50		distinctly identifiable for each facility in the system.
62	51		Sec. 331.0003. WORKPLACE VIOLENCE PREVENTION POLICY. (a)
63	52		A facility shall adopt, implement, and enforce a written workplace
64	53		violence prevention policy in accordance with this section to
65	54		protect health care providers and employees from violent behavior
66	55		and threats of violent behavior occurring at the facility.
67	56		(b) The workplace violence prevention policy adopted under
68	57		Subsection (a) must:
69	58		(1) require the facility to:
70	59		(A) provide significant consideration of the
71	60		violence prevention plan recommended by the facility's committee;
72	61		and
73	62		(B) evaluate the facility's existing plan;
74	63		(2) encourage health care providers and employees of
75	64		the facility to provide confidential information on workplace
76	65		violence to the facility's committee;
77	66		(3) include a process to protect from retaliation
78	67		facility health care providers or employees who provide information
79	68		to the facility's committee; and
80	69		(4) comply with commission rules relating to workplace
81	70		violence.
82	71		Sec. 331.0004. WORKPLACE VIOLENCE PREVENTION PLAN. (a)
83	72		The committee of a facility or health care system, as applicable,
84	73		shall adopt, implement, and enforce a written workplace violence
85	74		prevention plan in accordance with this section to protect health
86	75		care providers and employees from violent behavior and threats of
87	76		violent behavior occurring at the facility or each facility of the
88	77		health care system.
89	78		(b) A facility's workplace violence prevention plan adopted
90	79		under Subsection (a) must:
91		-	(1) be based on the practice setting;
	80	+	(1) be based on:
	81	+	(A) the needs of each area, department, and shift
	82	+	of the facility; and
	83	+	(B) evidence-based practices relating to
	84	+	violence prevention;
92	85		(2) adopt a definition of "workplace violence" that
93	86		includes:
94	87		(A) an act or threat of physical force against a
95	88		health care provider or employee that results in, or is likely to
96		-	result in, physical injury or psychological trauma; and
	89	+	result in, physical injury, psychological trauma, or stress,
	90	+	regardless of whether the provider or employee sustains an actual
	91	+	injury; and
97	92		(B) an incident involving the use of a firearm or
98	93		other dangerous weapon, regardless of whether a health care
99	94		provider or employee is injured by the weapon;
100		-	(3) require that a facility provide at least annually
101		-	workplace violence prevention training or education that may be
102		-	included in other required training or education to the facility's
103		-	health care providers and employees, including temporary
104		-	employees, who provide direct patient care;
	95	+	(3) require that a facility's health care providers,
	96	+	permanent employees, and, if applicable, temporary employees who
	97	+	provide direct patient care at least annually receive workplace
	98	+	violence prevention training;
105	99		(4) prescribe a system for responding to and
106	100		investigating violent incidents or potentially violent incidents
107	101		at the facility;
108		-	(5) address physical security and safety;
	102	+	(5) address factors that may increase or decrease
	103	+	incidents of workplace violence at the facility, including:
	104	+	(A) the facility's staffing plans and patient
	105	+	classification schemes;
	106	+	(B) the facility's security or emergency
	107	+	response system, including the alarm system, an alert system, and
	108	+	the availability of security personnel;
	109	+	(C) security risks associated with public access
	110	+	to specific areas of the facility and the area surrounding the
	111	+	facility; and
	112	+	(D) security concerns associated with particular
	113	+	types of employment, equipment, and facilities;
109	114		(6) require the facility to solicit information from
110	115		health care providers and employees when developing and
111	116		implementing a workplace violence prevention plan;
112	117		(7) require health care providers and employees to
113	118		report incidents of workplace violence through the facility's
114	119		existing occurrence reporting systems; and
115		-	(8) require the facility to include processes to
116		-	adjust patient care assignments, to the extent practicable, to
117		-	prevent a health care provider or employee of the facility from
118		-	being required to treat or provide services to a patient who has
119		-	intentionally physically abused or threatened the provider or
120		-	employee.
121		-	(c) The written workplace violence prevention plan adopted
122		-	under Subsection (a) may satisfy the requirements of Subsection (b)
123		-	by referencing other internal facility policies and documents.
124		-	(d) A committee at least annually shall:
	120	+	(8) require the facility to include processes in the
	121	+	facility's staffing plan for adjustment of patient care
	122	+	assignments, to the extent practicable, to ensure that a health
	123	+	care provider or employee of the facility is not required to treat
	124	+	or provide services to a patient who has intentionally physically
	125	+	abused or threatened the provider or employee.
	126	+	(c) A committee at least annually shall:
125	127		(1) review and evaluate the workplace violence
126	128		prevention plan adopted by the committee under this section; and
127	129		(2) report the results of the evaluation described by
128	130		Subdivision (1) to the governing body of the facility or health care
129	131		system as applicable.
130		-	(e) Each facility shall make available on request an
131		-	~~electronic or printed copy of~~ the facility's workplace violence
132		-	~~prevention plan to each health~~ care provider or employee of the
133		-	~~facility unless the committee~~ determines the plan contains
134		-	~~information that would pose a security~~ threat if made public. The
135		-	~~committee may redact that information~~ before providing the plan.
	132	+	(d) Each facility shall make available on request a copy of
	133	+	the facility's workplace violence prevention plan to each health
	134	+	care provider or employee of the facility unless the committee
	135	+	determines the plan contains information that would pose a security
	136	+	threat if made public. The committee may redact that information
	137	+	before providing the plan.
136	138		Sec. 331.0005. RESPONDING TO INCIDENT OF WORKPLACE
137	139		VIOLENCE. (a) Following an incident of workplace violence, a
138		-	facility shall ~~at a minimum~~ offer immediate post-incident services,
139		-	~~including any necessary~~ acute ~~medical~~ treatment ~~for each health~~
140		-	care provider or employee of the facility who is ~~directly involved~~
141		-	in the incident.
	140	+	facility shall offer immediate post-incident services, including
	141	+	acute treatment and access to psychological evaluation and support,
	142	+	for each health care provider or employee of the facility who is
	143	+	directly involved in the incident.
142	144		(b) A facility may not discourage a health care provider or
143	145		employee from exercising the provider's or employee's right to
144	146		contact or file a report with law enforcement regarding an incident
145	147		of workplace violence.
146	148		(c) A person may not discipline, including the suspension or
147	149		termination of employment, discriminate against, or retaliate
148	150		against another person who:
149	151		(1) in good faith reports an incident of workplace
150	152		violence; or
151	153		(2) advises a health care provider or employee of the
152	154		provider's or employee's right to report an incident of workplace
153	155		violence.
154		-	Sec. 331.0006. ENFORCEMENT. An appropriate licensing
	156	+	Sec. 331.0006. WORKPLACE VIOLENCE REPORT TO COMMISSION.
	157	+	(a) A facility shall annually file a written report with the
	158	+	commission on:
	159	+	(1) whether the facility has established a committee
	160	+	in accordance with Section 331.0002 or is part of a health care
	161	+	system in which a committee was established;
	162	+	(2) whether the facility has adopted a workplace
	163	+	violence prevention plan required by Section 331.0004; and
	164	+	(3) whether the facility's committee has evaluated the
	165	+	facility's workplace violence prevention plan and reported the
	166	+	results to the facility.
	167	+	(b) Information reported under Subsection (a) is public
	168	+	information under Chapter 552, Government Code.
	169	+	(c) To the extent possible, the commission shall collect the
	170	+	data required under Subsection (a) as part of any survey or
	171	+	submission of information required by other law.
	172	+	Sec. 331.0007. ENFORCEMENT. An appropriate licensing
155	173		agency may take disciplinary action against a person who violates
156	174		this chapter.
157	175		SECTION 2. Not later than September 1, 2020, a facility
158	176		subject to Chapter 331, Health and Safety Code, as added by this
159	177		Act, shall adopt and implement a workplace violence prevention plan
160	178		in accordance with Section 331.0004, Health and Safety Code, as
161	179		added by this Act.
162	180		SECTION 3. This Act takes effect September 1, 2019.