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.